Appeal No. 2004-0137
Application 10/073,321
trichloroethylene, benzotrifluoride and stabilizer would
evaporate faster than either trichloroethylene or
benzotrifluoride by itself, and 2) the claims are to a cleaning
method, and the evidence does not include evaporation rates of
the composition upon contacting or cleaning an article (answer,
pages 8-9). By the evidence in the above-discussed declaration
that mixtures of 20:80 to 80:20 by weight of trichloroethylene
and benzotrifluoride unexpectedly evaporate faster than either
component alone, however, the appellants have overcome the prima
facie obviousness of selecting a mixture of trichloroethylene and
benzotrifluoride from among Hisamoto’s halogenated hydrocarbon
solvents. Without evidence establishing the obviousness of that
combination, there is no basis for a conclusion of obviousness of
the claimed method. Accordingly, we reverse the rejection under
35 U.S.C. § 103.
DECISION
The rejections of claim 14 under 35 U.S.C. § 112, first
paragraph, written description requirement, and claims 1-6
7
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