Appeal No. 2005-0157
Application No. 09/977,363
solution. In our view, these conditions would have been readily
observable by one of ordinary skill in the art in the course of
routine experimentation.
Similarly, we find that one of ordinary skill in the art
would have employed routine experimentation to determine the
effective content of carbon that prevents cracks and insufficient
densification in the formed film, as reported in the present
specification (paragraph bridging pages 19 and 20).
We further note that appellants fail to set forth what JP
‘609 fairly teaches for the concentrations of metal compound and
carbon. Appellants do not assert, let alone provide the
requisite objective evidence, that the claimed concentrations
produce unexpected results. Accordingly, the prima facie case of
obviousness established by the examiner stands unrebutted.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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