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
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