Ex Parte SELTZER et al - Page 6




               Appeal No. 2006-0231                                                                       Παγε 6                  
               Application No. 09/234,253                                                                                         
               have not directed us to evidence that the described hydroxylamine stabilizers would not                            
               perform as disclosed by Seltzer.                                                                                   
                      We note that Appellants have not relied upon evidence of unexpected results to                              
               rebut the Examiner’s obviousness determination.                                                                    
                                                        CONCLUSION                                                                
                      Based on our consideration of the totality of the record before us, having                                  
               evaluated the prima facie case of obviousness in view of Appellants’ arguments and                                 
               evidence, we conclude that the subject matter of claims 1 to 11, 35 to 40 and 44 would                             
               have been obvious to a person of ordinary skill in the art from the combined teachings                             
               of the cited prior art.  See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444                              
               (Fed. Cir. 1992).  Accordingly, the Examiner's rejection under 35 U.S.C. § 103 is                                  
               affirmed.                                                                                                          























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