Appeal 2007-0949
Application 10/081,312
as disclosed by Itoh and Morton (Itoh, col. 5, ll. 7-21; Morton, col. 3, ll. 48-
66). Woodruff, 919 F.2d at 1578, 16 USPQ2d at 1936-1937; Boesch,
617 F.2d at 276, 205 USPQ at 219; Aller, 220 F.2d at 456, 105 USPQ
at 235.
Regarding Appellants’ impermissible hindsight argument, our above
discussion of the prior art disclosures demonstrates that temperature and
pressure are result-effective variables. Accordingly, it would have been
obvious to determine the optimum range of these variables to achieve the
desired density, which reasonably includes a density of “at least about 85%.”
Woodruff, 919 F.2d at 1578, 16 USPQ2d at 1936-1937; Boesch, 617 F.2d at
276, 205 USPQ at 219; Aller, 220 F.2d at 456, 105 USPQ at 235. Therefore,
the Examiner has not used impermissible hindsight.
We affirm the Examiner’s § 103(a) rejection of argued claim 1 and
non-argued claims 2-7, 10-12, 18, and 19 over Toyoda in view of Ohashi,
Itoh, Tomita, and Morton.
35 U.S.C. § 103(a) REJECTION OVER TOYODA IN VIEW OF OHASHI,
ITOH, TOMITA, MORTON AND KUBOTA
DEPENDENT CLAIM 8
Appellants argue that Kubota does not disclose that the magnesium
fluoride coating has a density of at least about 85% and a purity of at least
about 99% as claimed (Br. 7).
We have considered Appellants’ argument and find it unpersuasive
for the reasons below.
8
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