Ex Parte Babu et al - Page 9



          Appeal No. 2005-1459                                                        
          Application No. 09/950,612                                                  

          alumina be combined (Brief, page 12).  Appellants further argue             
          that improved results are shown for this combination in Table 1             
          on page 9 of the specification (id.).                                       
               These arguments are not persuasive.  First we note that the            
          combination of ceria and alumina required by claim 2 on appeal is           
          disclosed by Robinson at col. 15, ll. 50-54, with only seven                
          possible materials that can be combined (our comments also apply            
          to claim 5 on appeal directed to a combination of alumina and               
          silica).  Accordingly, the number of possible combinations                  
          disclosed by Robinson is so few that the combination of ceria and           
          alumina would have been put in the possession of the public and             
          thus be a bar under section 102(b).  See In re Sivaramakrishnan,            
          673 F.2d 1383, 1384, 213 USPQ 441, 442 (CCPA 1982); and In re               
          Schaumann, 572 F.2d 312, 316, 197 USPQ 5, 9 (CCPA 1978).  It is             
          well settled that anticipation is the epitome or ultimate of                
          obviousness.  See In re Fracalossi, 681 F.2d 792, 794, 215 USPQ             
          569, 571 (CCPA 1982).  A showing of unexpected results is not               
          appropriate to overcome a rejection for anticipation.  See In re            
          Malagari, 499 F.2d 1297, 1302-03, 182 USPQ 549, 553 (CCPA 1974).            
          Even assuming arguendo that claim 2 (and claim 5) is obvious,               
          appellants have not met their burden of explaining why the                  
          results in Table 1 on page 9 of the specification are considered            
                                          9                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007