Appeal No. 2001-0796 4
Application No. 08/911,199
F.2d1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner relies upon
a combination of three references to establish a prima facie case of obviousness with respect
to the claimed subject matter.
Even if the examiner were to have established a prima facie case of obviousness,
which is not reflected in the record before us, we determine that the evidence of record is
sufficient to rebut any such prima facie case of obviousness which could be based on the
references before us, alone or in combination.
The evidence presented in the specification in Examples 1 and 2 is directed to the
time (T0.1 measured) needed to reach a carbonyl extinction of 0.1. See specification, page
29. The data properly compares species of formula V and VIII with a hindered amine light
stabilizer of Gugumus which is the closest art of record, in combination with each of the
components required by the claimed subject matter. The evidence presented shows about a
50% increase in the hours need to reach a carbonyl extinction of 0.1 in polypropylene
homopolymer films containing compositions within the scope of the claimed subject matter.
See Tables 1 to 3. Based upon the narrow scope of the claimed subject matter, we
determine that the evidence discloses results which are both unusual and unexpected.
Accordingly, the rejection over the references of record is reversed.
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