Appeal No. 1997-2924
Application No. 08/320,726
with respect to an article having a weld line and a
composition appropriate for making such an article. That is,
because of this deficiency, the references contain no guidance
concerning the manufacture of such an article or the
development of a composition suitable therefor. As a
consequence, even if the applied references are “generic” to
articles and compositions of the type claimed by the
appellants as urged by the examiner, there is simply nothing
in these references which would have suggested manufacturing
an article having a weld line via a composition in accordance
with the independent claim on appeal based upon a reasonable
expectation of success as required by 35 U.S.C. § 103.
Thus, even assuming an artisan were motivated to
manufacture an article having a weld line via the generic
compositions of the applied prior art, there is nothing in
this prior art which would have suggested modifying these
generic compositions in such a manner as to result in the
specific composition having the specific characteristics
defined by the independent claim before us. Likewise, the
references plainly contain nothing which would have given the
artisan a reasonable expectation for believing that the
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