compositions differs. See Findings 16 and 25. There is no
testimony before us which explains why data based on the
compositions would be accepted by those skilled in the art in the
face of the different ratios.
b.
We do not know whether the data set out in Tables 10 and 11
would be accepted by a person skilled in the art as showing that
use of sucrose is not as good as use of mannitol. We cannot
overemphasize the fact that one relying on data to establish has
a burden of establishing that unexpected results are actually
obtained and the significance of those results to one having
ordinary skill in the art. Cf. In re Klosak, 455 F.2d 1077,
1080, 173 USPQ 14, 16 (CCPA 1972) (inventor must show that the
results claimed to obtained with a claimed invention are actually
obtained with the invention).
Assuming that the different ratios of hCG to sucrose or
mannitol have no practical effect on other testing described in
the specification, then we note that in the case of Compositions
1 and 2, after 1 week at 50°C the stability data (90.0) for
r-hCG/sucrose would appear to be higher (and therefore presumably
better) than the data (89.5) for r-hCG/mannitol (see Finding 18).
A similar observation can be made with respect to Compositions 3
and 4 when tested at 40°C for 3 weeks (see Finding 19). Even if
we were inclined to give the term "stable" in the preamble of
claim 1 some claim limiting significance, it would not exclude
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