Appeal No. 2000-1085
Application No. 08/980,349
However, it is well settled that mere conclusory statements of
superiority in the specification unsupported by objective
evidence are of little probative value. See In re Greenfield,
571 F.2d 1185, 1188, 197 USPQ 227, 229 (CCPA 1978). Moreover,
these alleged advantages are reasonably expected from the
sintering temperature and improved shelf-life stability of the
tin oxide doped with phosphorus described at page 2, lines 32-35
and 49-55, of Okuda. See, e.g., In re Skoner, 517 F.2d 947, 950,
186 USPQ 80, 82 (CCPA 1975)(“[e]xpected beneficial results are
evidence of obviousness of a claimed invention just as unexpected
beneficial results are evidence of unobviousness”).
The appellant also relies on the Vogt declaration and the
specification examples to show that the claimed subject matter
unexpectedly imparts lower resistance. The burden is on the
appellant to show that the claimed invention imparts unexpected
results. In re Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16
(CCPA 1972). However, on this record, we determine that the
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