Appeal No. 1997-2446
Application 08/223,351
1.4 and 1.0. See EXAMPLES 9 and 11, respectively. Based on these
limited showings, it is not
apparent to us, and appellants have not attempted to establish, that
the probative value of the evidence based upon these pH limited
experiments can be reasonably extrapolated to the appealed claims
which are of considerably broader scope. Further, we point out that
merely stating, as appellants have, that it is an "advantage" to the
process of the present invention that the polymer product produced by
the process is lower in color is not an unequivocal statement that
appellants believe that the actual results shown would have been
truly unexpected to a person of ordinary skill in this art. In this
regard, see the discussion of the TABLE 1 results at page 27, last
two lines.
Upon consideration anew of the evidence of obviousness
relied upon by the examiner, and weighing such evidence of
obviousness against the evidence of nonobviousness relied upon by
appellants, it is our judgment that the evidence of obviousness
outweighs the evidence of nonobviousness. We, therefore, agree
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007