Appeal No. 2006-2484 Παγε 11
Application No. 10/837,337
ingredient in the sealing strip formulation of Smith. In cases
involving adjacent ranges, our reviewing Court have consistently
held that a prima facie case of obvious exists when the claimed
range and the prior art range do not overlap but are close enough
such that one skilled in the art would have expected them to have
the same properties. Titanium Metals Corp. of Am. v. Banner, 778 F.2d
775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). Consequently, a
prima facie case of obviousness has been made out in this case
that has not been persuasively refuted in the briefs.
CONCLUSION
The decision of the examiner to reject claims 1-29 under
35 U.S.C. § 103(a) as being unpatentable over DeMoss or Smith is
affirmed.
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