Appeal No. 2006-1273
Application No. 10/420,400
Thus, the prior art clearly suggested the alcohol could be added at any time prior to
working up the reaction mixture with the expectation that at least an equivalent product
would be obtained.
Conclusion
It would have been prima facie obvious to one of ordinary skill in the relevant art
to make the claimed invention, including the two modifications discussed above. No
evidence of unexpected or even superior results has been proffered. Rather Appellants
simply argue the Examiner has not made a prima facie case. We disagree. Thus, we
affirm the decision of the Examiner.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a)(1).
AFFIRMED
BRADLEY R. GARRIS )
Administrative Patent Judge )
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) BOARD OF PATENT
BEVERLY A. FRANKLIN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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NANCY J. LINCK )
Administrative Patent Judge )
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