Appeal No. 2002-0148
Application No. 09/104,675
In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir.
1984).
Further, the appellants have not adequately explained the
results obtained in their Briefs. The appellants have stated
their conclusions, leaving the board to ferret out the
compositions asserted to be closest prior art, and to compare
those compositions and their results. While we observe the
difference in the gamma ratios found at page 93 of the
specification, we are left to wonder how these differences are
achieved by the compositions. We also have no explanation
assisting us in determining whether these results are due to the
claimed subject matter (less than 0.02 mmol/m2 coupler) or some
other unexplained factor. For example, some samples have 14
layers while others have 13, and there are occasional changes in
the multicomponent layers.
As the burden rests with the appellants, we conclude that
the appellants have failed to provide sufficient evidence of
unexpected results which would overcome the prima facie case of
obviousness and we shall affirm this rejection.
Summary of Decision
The rejection of claims 1, 3, 5, 8-11, 13-17, 19, 20, 23-27,
44 and 45 under 35 U.S.C. § 103 is sustained.
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