Appeal No. 1999-0543
Application No. 08/807,210
contains, for example, 40% by weight of mineral oil (see the
first full paragraph of translation page 3).
For these reasons and those expressed on page 5 of our
decision, we remain convinced that the combined teachings of the
applied references would have suggested a composition of the type
here claimed which includes, for example, 40% by weight of a
lubricating oil (i.e., mineral oil). In re Keller, 642 F.2d 413,
425, 208 USPQ 871, 881 (CCPA 1981) (the test for obviousness is
what the combined teachings of the references would have
suggested to those of ordinary skill in the art).
In addition to the foregoing, it is appropriate to emphasize
that the appellants have not contested in the subject request our
determination on page 6 of the forenoted decision that the
Japanese reference by itself is adequate to establish a prima
facie case of obviousness based on the rationale of In re
Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980).
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