Appeal 2007-0211
Application 10/305,577
the province of this Board to analyze an applicant’s specification data, in the
first instance, and interpret it in a light that is most favorable to the
applicant. Appellant is reminded that the burden of showing unexpected
results rests on the party asserting them. In re Klosak, 455 F.2d 1077, 1080,
173 USPQ 14, 16 (CCPA 1972).
In conclusion, based on the foregoing, the Examiner’s decision
rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(I)(iv)(2005).
AFFIRMED
hh
UNILEVER INTELLECTUAL PROPERTY GROUP
700 SYLVAN AVENUE
BLDG. C2 SOUTH
ENGLEWOOD CLIFFS, NJ 07632-3100
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Last modified: November 3, 2007