Appeal 2006-0153
Application 10/082,635
(Bd. Pat. App. & Int. 1985) (holding that the recognition of another
advantage flowing naturally from following the suggestion of the prior art
cannot be the basis for patentability when the differences would otherwise
be obvious). In any event, from our perspective, the processing temperature
of the recycled polyester would have been readily recognized by simple
observation. In re Ludwig, 353 F.2d 241, 243-44, 147 USPQ 420, 421
(CCPA 1965).
Thus, based on the totality of record, including due consideration of
the Appellants’ arguments and evidence, we determine that the
preponderance of evidence weighs most heavily in favor of obviousness
within the meaning of 35 U.S.C. § 103(a). Accordingly, we determine that
the prior art references relied upon by the Examiner would have rendered the
claimed subject matter obvious to one of ordinary skill in the art within the
meaning of 35 U.S.C. § 103.
ORDER
The decision of the Examiner 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).
AFFIRMED
sld/ls
SEALED AIR CORPORATION
P.O. BOX 464
DUNCAN, SC 29334
8
Page: Previous 1 2 3 4 5 6 7 8
Last modified: September 9, 2013