Appeal No.1999-2236 Application No. 08/408,036 that the specifically claimed average radius of curvature actually resulted in surprising and unexpectedly good results. However, reference to the cited portion of the specification reveals nothing about the average radius of curvature of the asperities. That is, appellants have established no nexus between the claimed average radius of curvature and the alleged “unexpectedly good results.” With regard to claims 2 and 3, appellants argue that the applied references do not teach the asperities rising at least 5-nm from an interposed recess within a 10-:m lateral extent nor do they disclose elongated ridges arising at least 5-nm from interposed grooves. However, we agree with the examiner that since Nakamura teaches a height of protrusions ranging from several nm to several tens of nm and an interposed recess, or groove, is simply the space between asperities, or ridges, the claim limitations would have been obvious within the meaning of 35 U.S.C. § 103. We note no response from appellants to this argument by the examiner. Accordingly, the examiner’s decision is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). AFFIRMED 6Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007