Appeal No. 1998-2134
Application No. 08/585,217
usefulness of the elastomeric block copolymers of the type
described in Hsieh and Wright as the binder of their
photocurable compositions. We also note that the claims on
appeal, like the disclosure of DuPont or Garmong, recite a
large number of elastomeric block copolymers as a binder for
the claimed photocurable composition. See, e.g.,
specification, pages 5 and 6.
As a rebuttal to the prima facie case of obviousness,
appellant relies on the Gries declaration to demonstrate that
the claimed subject matter imparts unexpected results. We are
not convinced that appellant has carried his burden of proof.
In re Mayne, 104 F.3d 1339, 1344, 41 USPQ2d 1451, 1456 (Fed.
Cir. 1997)(the burden is on appellant to show why the evidence
he relied on is unexpected); In re Klosak, 455 F.2d 1077,
1080, 173 USPQ 14, 16 (CCPA 1972) (the burden of proving
unexpected results rests on the party who assert them); In re
Heyna, 360 F.2d 222,
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