Appeal No. 2000-1006
Application 08/974,148
acid type water insoluble organic material. Accordingly, we find
that the examiner has established a prima facie case of
obviousness with respect to claims 1-3, 11 and 12.
We recognize that a prima facie case of obviousness may
be rebutted if the appellant (1) establishes unexpected
properties in the claimed composition, or (2) shows that the art,
in any material respect, teaches away from the claimed invention.
In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA
1974). Appellant urges that Jackson “teaches away from the use
of any pH below about 10.5.” Appeal Brief, page 7. This
argument fails to overcome the examiner’s prima facie showing of
obviousness since the claims are not limited to pH values below
about 10.5. In fact, claim 12 (which depends from claim 1)
expressly requires “a high pH up to 10.5.” Accordingly, the
rejection of claims 1-3, 11 and 12 is affirmed.
II. Claims 4-5
Appellant concedes that Sugihara discloses a cleaning
solution of ammonia and hydrogen peroxide as recited in appealed
claims 4-5, but maintains that “the reference does not disclose
or suggest the method of the present invention at all.” Appeal
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