Appeal No. 1997-4356
Application No. 08/458,628
attached to the claimed amount of plasticizer. In relevant part,
appellants' specification states that "the plasticizer proportion
is in the range of 15 to 65 weight% and preferably 25 to 45
weight%". Such a stated preference would seem to allay any
suggestion of criticality. In re Armbruster, 512 F.2d 676, 679-
680, 185 USPQ 152, 155 (CCPA 1975); In re Shepard, 319 F.2d 194,
199, 138 USPQ 148, 152 (CCPA 1963).
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results. Also, although appellants make reference to an Exhibit
A at page 8 of the brief, the examiner states at page 5 of the
answer that he "has failed to find Exhibit A and as such, this
evidence has not been considered." Furthermore, we agree with
the examiner that "the Japanese reference is so clear as to the
amount of plasticizer incorporated therein" (page 5 of answer).
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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