Appeal 2007-1521
Application 10/694,584
matter which the applicant regards as his invention.")). Moreover, the
applicant is in the best position to distinguish its claimed subject matter from
the prior art.. "As a practical matter, the Patent Office is not equipped to
manufacture products by the myriad of processes put before it and then
obtain prior art products and make physical comparisons therewith." See
Brown, 459 F.2d at 535, 173 USPQ at 688. Here, Oberthur has not
introduced any credible evidence or explanation showing that Becke's
complexes do not have anti-aging effects on vulcanized rubber
compositions.
Accordingly, we AFFIRM the Examiner's rejection.
D. Order
In view of the foregoing considerations, it is
ORDERED that the Examiner's rejection of claims 1, 2, 4, 5,
and 6 under 35 U.S.C. § 102(b) over Becke is AFFIRMED.
FURTHER ORDERED that the time for taking further action is
not extendable under the provisions of 37 C.F.R. § 1.136(a)(2006).
AFFIRMED
LANXESS CORPORATION
111 Ridc Park West Drive
Pittsburgh, PA 15275-1112
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