Appeal No. 2000-1448 10 Application No. 08/709,975 at 95 to 105oC, for periods of time up to 668 days. See Table 4, Table 7, and Table 9. The data recorded in the specification is persuasive of the utilization of the combined stabilizers in a molding composition in permanent contact with water. We conclude that the combined references in the third rejection are insufficient to establish a prima facie case of obviousness with respect to the claimed subject matter. Inasmuch as the references together are insufficient to meet the requirements of obviousness, it follows that each of the rejections directed to Mülhaupt, Spivack or GB ‘362 is likewise insufficient to establish a prima facie case of obviousness. See In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999) ("[T]he best defense against the subtle but powerful attraction of a hindsight-based obviousness analysis is rigorous application of the requirement for a showing of the teaching or motivation to combine prior art references"). DECISION The rejection of claims 17, 18, 29, 30 and 35 under 35 U.S.C. § 103(a) as being unpatentable over Mülhaupt or Spivack is reversed. The rejection of claims 17, 18, 29, 30 and 35 under 35 U.S.C. § 103(a) as being unpatentable over GB ‘362 is reversed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007