Appeal No. 1999-1415
Application 08/784,875
231 USPQ 375, 381 (Fed. Cir. 1986); In re Longi, 759 F.2d 887, 897, 225 USPQ 645, 651-52
(Fed. Cir. 1985); In re Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972); In re
Lindner, 457 F.2d 506, 508, 173 USPQ 356, 358 (CCPA 1972); In re D’Ancicco, 439 F.2d 1244,
1248, 169 USPQ 303, 306 (1971).
Accordingly, upon consideration of the evidence in the record as a whole, we determine
that on this record, the evidence of nonobviousness based on Comparative Example 5, along with
the additional evidence in Pedain declaration Examples 1 and 2, and the specification examples
as a whole, outweighs the evidence of obviousness in the combined teachings of Tate, Bock and
the admitted prior knowledge of low carbon dioxide content HDI in the art, and thus, we reverse
the ground of rejection.
The examiner’s decision is reversed.
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