Appeal No. 2006-3290 Page 12
Application No. 10/072,823
have antagonizing activities when used in combination does not detract from the
reasonable expectation of success in combining lupulone and oridonin as set
forth in the rejection of record. “Only a reasonable expectation of success, not
absolute predictability, is necessary for a conclusion of obviousness.” In re
Longi, 759 F.2d 887, 897, 225 USPQ 645, 651-52 (Fed. Cir. 1985). Accordingly,
we disagree with Appellant’s assertion that there is “no expectation of success
for this combination.” Reply Brief, page 5.
On reflection, it is our opinion that the weight of the evidence on this
record falls in favor of Examiner. Accordingly, we affirm the rejection of claim 1
under 35 U.S.C. § 103 as being unpatentable over the combination of any one of
Son, ‘016 or ‘434 and either Ito or Matsui. Claims 2-9, 11-16, 18-23, 26-29 and
32-35 fall together with claim 1.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
Toni R. Scheiner )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Donald E. Adams ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Eric Grimes )
Administrative Patent Judge )
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