Appeal 2007-2337
Application 10/437,919
In addition, we emphasize that, although secondary considerations
such as unexpected results must be taken into account, they do not
necessarily control the obviousness conclusion. Pfizer, Inc. v. Apotex, Inc.,
480 F.3d at 1372, 82 USPQ2d at 1338. Unexpectedly superior results will
not necessarily overcome a strong case of obviousness. Id.
On the record of this appeal, it is questionable whether the Appellant
has shown unexpected results, and certainly the Appellant has not shown
unexpected results which are commensurate in scope with claims 11 and 24.
We hereby sustain, therefore, the § 103 rejection advanced by the Examiner
on this appeal.
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)(iv).
AFFIRMED
clj
CROMPTON CORPORATION
BENSON ROAD
MIDDLEBURY, CT 06749
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