Appeal No. 1998-0299
Application No. 08/301,523
850, 205 USPQ 1069, 1072 (CCPA 1980). One of ordinary skill in the art would
reasonably expect that the use of mixtures of polyamides when used in combination,
would each produce the same effect as when used individually and would
supplement each other. “For obviousness under § 103, all that is required is a
reasonable expectation of success.” In re O’Farrell, 853 F.2d 894, 904, 7 USPQ2d
1673, 1681 (Fed. Cir. 1988). In light of the foregoing and for the reasons expressed
in the Answer, it is our determination that the Examiner has established a prima
facie case of obviousness with respect to the argued claims on appeal.
With respect to claims 32 and 34, as stated above when discussing claim 31, it
is well settled that when a claimed product reasonably appears to be substantially the
same as a product disclosed by the prior art, the burden is on the Applicants to prove
that the prior art product does not necessarily or inherently possess characteristics
attributed to the claimed product. Appellants have not proffered convincing
evidence that establishes the multilayered film of Oberle does not necessarily or
inherently possess characteristics attributed to the claimed product.
As stated above, Appellants do not specifically traverse the establishment of a
prima facie case obviousness by the Examiner. However, in the principal Brief, the
Appellants assert unexpected results provide evidence of non-obviousness.
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