Appeal No. 1997-3701 19
Application No. 08/141,457
in the secondary references, but also improve the stability of the pyrazolone couplers of
the claimed subject matter. Accordingly, we are not entirely convinced that the showing
presented in Tables 1 to 4 is directed to an improvement in properties which are unusual
or unexpected.
Based upon the above reasons and those set forth in the Answer, we have
determined that the examiner has established a prima facie case of obviousness. Upon
reconsideration of all the evidence and argument submitted by appellants, we have
determined from the totality of the record that the preponderance of the evidence
weighs in favor of obviousness within the meaning of 35 U.S.C. § 103. See In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
DECISION
The rejection of claims 2 through 7, 9 through 13, 15 and 17 through 22 under
35 U.S.C. § 103(a) as being unpatentable over Ichijima in view of Rody ‘271, Rody
‘665, Negoro or J63/220142 is affirmed.
The rejection of claims 2, 4 through 7, 9 through 12, and 17 through 22 under
35 U.S.C. § 103(a) as being unpatentable over Ichijima in view of Lok or Fuseya is
affirmed.
The rejection of claims 2 through 7, 9 through 12, and 17 through 22 under 35
U.S.C. § 103(a) as being unpatentable over Ichijima in view of Okamura or J61/250641
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