Appeal No. 2003-1960
Application No. 09/830,841
rejection of claims 1-26 under section 102(b) as anticipated by
Renzi.
REMAND TO THE EXAMINER
In view of the above authority, it is clear that the examiner,
upon return of this appeal to the examiner’s jurisdiction, should
reconsider the patentability of the claimed subject matter under
35 U.S.C. § 103(a), including consideration of appellants’ showing
of unexpected results (Brief, page 9, citing Tables 1, 2 and 3 of
the specification).4 Appellants’ showing of unexpected results
must be commensurate in scope with the claimed range, as well as
the claimed components. See In re Peterson, 315 F.3d at 1330-31,
65 USPQ2d at 1383.
4Since it is undisputed that Renzi discloses an amount of
(C)/(B+C) equal to or smaller than 70% by weight (col. 2, ll. 1-
3), while claim 27 requires an amount of (C)/(B+C) of 5 to 13.4%
by weight, the examiner should also reconsider the indication of
allowability of this claim. See In re Peterson, supra.
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