Appeal No. 2006-0230 Page 14
Application No. 09/864,083
having a pH of 7.5 that was prepared according to appellants’ disclosure would
exhibit a different result than those observed for the compositions taught by
Lukenbach. Accordingly, we are not persuaded by appellants’ evidence of
unexpected results.
Having found appellants’ evidence of unexpected results insufficient to
overcome the examiner’s prima facie case of obviousness, we affirm the
rejection of claim 1 under 35 U.S.C. § 103(a) as being obvious over the
combination of Lukenbach and Gordon. As set forth above, claims 2-9 fall
together with claim 1.
SUMMARY
The rejection of claims 1-10 and 14-18 under 35 U.S.C. § 103(a) as being
obvious over Gordon is affirmed.
The rejection of claims 1-9 under 35 U.S.C. § 103(a) as being obvious
over the combination of Lukenbach and Gordon is affirmed.
The rejection of claims 11-13 and 19-23 under 35 U.S.C. § 103(a) as
being obvious over Gordon is reversed.
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