Ex Parte GRAF et al - Page 6




          Appeal No.2003-0078                                        Page 6           
          Application No.09/257,066                                                   


          electrolytes that were singled out as being typical.  As                    
          explained above, the mere fact that Falk ‘967 refers to three               
          other polyvalent salts as exemplifying preferred salts does not             
          detract from the explicit suggestion in Falk ‘967 to employ                 
          ammonium salt with a reasonable expectation of success in so                
          doing.                                                                      
               As referred to by appellants, Falk’ 967 does explain that              
          Table 10 shows that amphoteric fluorinated surfactant provided              
          less than satisfactory surface tension properties when combined             
          in the particularly tested formulations without a fluorinated               
          synergist.  Falk ‘967 provides a solution to that problem.  Add a           
          fluorinated synergist.  As such, the limited testing provided by            
          Falk ‘967 can hardly be considered to constitute a teaching away            
          from the use of amphoteric fluorinated surfactants as urged by              
          appellants.  Indeed, Falk ‘967 teaches that adding a fluorinated            
          synergist with the preferred anionic fluorinated surfactant is              
          also a predicate for achieving desirable low surface tensions.              
          See Table 9.                                                                
               In reaching the conclusion that the herein claimed subject             
          matter is prima facie obvious over the teachings of the applied             
          references, we also note that the prior art references in                   
          question need not provide all of appellants* reasons, such as an            







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