Appeal 2007-0691
Application 10/465,423
1 A base formulation with (1) TPS 27 and (2) IRGAMET 30 produced
2 43 ppm of lead.
3 A base formulation with (1) TPS 27 and (2) IRGAMET 39 produced
4 269 ppm of lead.
5 In a light most favorable to Ciba, the results show that the use of
6 IRGAMET 30 along with TPS produces the lowest lead level for the
7 particular oil used in the experiments.
8 According to Chasan, the results are surprising. Declaration 2, last
9 paragraph.
10
11 E. Principles of law
12 A claimed invention is not patentable if the subject matter of the
13 claimed invention would have been obvious to a person having ordinary skill
14 in the art. 35 U.S.C. § 103(a); KSR Int’l Co. v. Teleflex Inc., 127 S. Ct.
15 1727, 82 USPQ2d 1385 (2007); Graham v. John Deere Co. of Kansas City,
16 383 U.S. 1 (1966).
17 Facts relevant to a determination of obviousness include (1) the scope
18 and content of the prior art, (2) any differences between the claimed
19 invention and the prior art, (3) the level of skill in the art and (4) any
20 relevant objective evidence of obviousness or non-obviousness. KSR,
21 82 USPQ2d at 1389, Graham, 383 U.S. at 17-18.
22 A person having ordinary skill in the art uses known elements and
23 process steps for their intended purpose. Anderson's-Black Rock, Inc. v.
24 Pavement Salvage Co., 396 U.S. 57 (1969) (radiant-heat burner used for its
25 intended purpose in combination with a spreader and a tamper and screed);
26 Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976). (the involved patent
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