Appeal No. 1998-0558
Application No. 08/564,942
why one of ordinary skill in the art would have considered the
results in accordance with the present invention truly
unexpected. In re Merck & Co., 800 F.2d 1091, 1099, 231 USPQ
375, 381 (Fed. Cir. 1986). In re Klosak, 455 F.2d 1077, 1080,
173 USPQ 14, 16 (CCPA 1972).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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