Appeal 2007-0824
Application 10/829,936
that Hasegawa "discloses the importance of removal rate and durability as
polishing pad properties" (page 4 of principal Brief, first sentence),
Appellants' argument is not well taken. Since Hasegawa admittedly
discloses the importance of durability as a polishing pad property, we find
that one of ordinary skill in the art would have reasonably expected that the
reference disclosure of the most preferable amount of component (B) would
result in the best durability. Moreover, the discovery of an additional
advantage associated with a known or obvious invention does not, generally,
impart patentabilty in the absence of unexpected results. As noted above,
Appellants have not established unexpected results.
In conclusion, based on the foregoing and the reasons well stated by
the Examiner, 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)(iv)( 2004).
AFFIRMED
cam
OBLON, SPIVAK, MCCLELLAND, MAIER &
NEUSTADT, P.C.
1940 Duke Street
Alexandria, VA 22314
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