Appeal No. 2002-2261
Application No. 09/568,111
1986); In re Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA
1972). From our perspective it would appear that the increase in
oxygen impermeability associated with both the claimed high
amylose starch and hydrolyzed polyvinyl alcohol would have raised
the reasonable expectation that the claimed coating composition
would have a superior Gurley porosity compared to a coating
composition not containing a high amylose starch. Significantly,
comparative example 4 of the present specification fails to
identify the amylose content of the Waxy Corn or the degree of
hydrolysis of the polyvinyl alcohol. Hence, it is not clear what
specific compositions are being compared in Examples 1 and 4 of
the specification.
In conclusion, based on the foregoing, it is our judgment
that the evidence of obviousness presented by the examiner
outweighs the evidence of nonobviousness proffered by appellants.
Accordingly, the examiner's decision rejecting the appealed
claims is affirmed.
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007