Appeal No. 1998-3094
Application No. 08/550,968
(figures 1, 3 and 4) would have fairly suggested, to one of
ordinary skill in the art, use of 10 wt% co-solvent even
though this amount is not greater than 10 wt%. Thus, Shin
would have rendered the appellants’ claimed solution prima
facie obvious to one of ordinary skill in the art.
Because anticipation is the epitome of obviousness, see
In re Skoner, 517 F.2d 947, 950, 186 USPQ 80, 83 (CCPA 1975);
In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA
1974), and further because a prima facie case of obviousness
has been established which has not been effectively rebutted
by the appellants, we affirm the examiner’s rejection under 35
U.S.C. § 103.
DECISION
The rejection of claims 37, 42, 44, 45, 47 and 48 under
35 U.S.C. § 103 over Shin is affirmed.
AFFIRMED
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