Appeal No. 2005-0898
Application No. 10/047,527
preferred antioxidants of Nakae are interchangeable in the
compositions of Geary and Chasser.
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the prima facie case of
obviousness established by the examiner. While appellants make
reference to comparative results found in the specification in
their SUMMARY OF THE INVENTION at page 4 of the Brief, appellants
have not argued that the results would have been truly unexpected
by one of ordinary skill in the art. In re Merck & Co., 800 F.2d
1091, 1099, 231 USPQ 375, 381 (Fed. Cir. 1986). Indeed, the
ARGUMENT section of appellants' Brief fails to mention the
specification data. It is well settled that arguments not
presented in the Brief are considered abandoned.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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