Appeal No. 1997-0296
Application No. 08/378,086
Just as unexpected results are evidence of nonobviousness,
expected results are evidence of obviousness. In re Skoll 523
F.2d 1392, 1397, 187 USPQ 481, 484 (CCPA 1975).
As for the various levels of saturation recited in claims
85, 86, 105 and 106, we are convinced that one of ordinary skill
in the art would have been motivated to effect the highest level
of saturation possible in order to obtain the greatest inhibition
of oxidative degradation.
Regarding claims 92, 94, 112 and 114, which recite a mixture
of argon and xenon, as noted above, the declaration evidence
provides no data for testing with xenon. Also, whereas claims 93
and 113 define an atmosphere of 50% neon and 50% helium, the
declaration fails to provide results from testing such a mixture.
In conclusion, based on the foregoing, it is our judgment
that the evidence of obviousness presented by the examiner
outweighs the evidence of nonobviousness relied upon by the
appellant. Accordingly, the examiner's decision rejecting the
appealed claims is affirmed.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007