Appeal No. 2003-0635
Application No. 09/196,818
thereby rendering the claimed ratio prima facie obvious. In re
Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results, which establishes criticality of the claimed ratio or
that compositions within the scope of appealed claim 1 exhibit
unexpected results.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
)
ROMULO H. DELMENDO ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
)
JEFFREY T. SMITH )
Administrative Patent Judge )
ECK:clm
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