Appeal No. 1999-1180 Application No. 08/751,557 conversion rate." (Appeal brief, pages 10-11.) Specifically, it is said that Examples 13 and 14, which describes a catalyst containing Pd and V, should be compared against Example 15, which describes a catalyst containing only Pd. We observe, however, that the results disclosed for Examples 13 and 14 are comparable, if not inferior, to the results disclosed for Moore's catalyst. (Moore's Example 12.) Moreover, Examples 13 and 14 of the present specification are limited to a Pd/V catalyst used under specific reaction conditions. By contrast, appealed claims 1 and 6 are significantly broader. Thus, we determine that the appellants' showing of unexpected results is far from being commensurate in scope with the degree of patent protection sought. In re Kulling, 897 F.2d 1147, 1149, 14 USPQ2d 1056, 1058 (Fed. Cir. 1990)("[O]bjective evidence of nonobviousness must be commensurate in scope with the claims."); (quoting Lindner, 457 F.2d at 508, 173 USPQ at 358); In re Dill, 604 F.2d 1356, 1361, 202 USPQ 805, 808 (CCPA 1979)("The evidence presented to rebut a prima facie case of obviousness must be commensurate in scope with the claims to which it pertains."). The appellants urge that Moore's Examples 23 and 24 should be compared against Examples 1 and 4 of the present 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007