Appeal No. 2002-2146
Application No. 09/428,261
in the water solution, one of ordinary skill in this art would
have reasonably expected that high amounts of calcium ions within
the scope of the claims would still remain in solution due to the
malate species, with or without a premix stabilizer (see the
amounts of citric acid and malic acid taught by Mehansho at col.
11, l. 55-col. 12, l. 7, and Example II at cols. 15-16).
For the foregoing reasons and those stated in the Answer, we
determine that the examiner has established a prima facie case of
obviousness in view of the reference evidence. Based on the
totality of the record, including due consideration of
appellant’s arguments, we determine that the preponderance of
evidence weighs most heavily in favor of obviousness within the
meaning of section 103(a). Accordingly, we affirm the examiner’s
rejection of claims 1, 23, 47 and 64-91 under 35 U.S.C. § 103(a)
over Mehansho.
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