Appeal No. 2004-0418
Application No. 09/457,183
OPINION
The examiner finds that Jaffee discloses a multiple layer
laminate comprising an oriented strand board substrate and resin
saturated paper adhesively secured with a basis weight of 18
lbs./msf and a resin content of 20-22.5 wt.% (Answer, page 3,
citing col. 9, ll. 35-51; col. 3, l. 63-col. 4, l. 54; and col. 6,
ll. 5-13).2 The examiner concedes that Jaffee does not disclose
the basis weight as recited in claim 1 on appeal (Answer, page 3).
However, the examiner finds that such ranges of weights are result
effective variables which would have been easily optimized by one
of ordinary skill in this art, and thus the claimed basis weight
and paper overlaid wood board would have been obvious (Answer,
pages 4-7). We disagree.
It is well settled that the discovery of the optimum value of
a result effective variable is ordinarily within the skill of the
art, if the parameter optimized was recognized to be a result-
effective variable. See In re Boesch, 617 F.2d 272, 276, 205 USPQ
215, 219 (CCPA 1980); In re Antonie, 559 F.2d 618, 620, 195 USPQ 6,
8-9 (CCPA 1977); and compare In re Sebek, 465 F.2d 904, 907, 175
2It is not contested that the disclosure by Jaffee of a
basis weight of 1.8 lbs. per 100 square feet is equivalent to 18
lbs./msf (Answer, page 5; Brief, page 7).
3
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