Appeal 2007-1850
Application 10/939,879
discloses that the filler may be added at any time during the production
process.
Appellants maintain that “[t]he only motivation for forming the
aqueous mixture of silicon dioxide and emulsion polymer is that it is easier
to prepare the spray dried mixture than it is to dry mix the two components”
(Br. 4, third para.). However, the motivation to add silicon dioxide to the
polychloroprene dispersion of Duan to render it more readily spray dryable
is sufficient to establish a prima facie case of obviousness.
Appellants point to Specification data for demonstrating “unexpected
properties that are sufficient to overcome any prima facie case of
obviousness established by the Examiner” (Br. 5, third para.). According to
Appellants, the data demonstrates that the claimed dispersion “adheres to
plasticized PVC without heat activation and exhibits good wet adhesion to
synthetic leather” (Br. 5, fourth para.). Appellants further state that the data
demonstrates that “[w]hen used individually the polyurethane dispersion and
the polychloroprene dispersion cannot provide adhesion to PVC” (Br. 5,
penultimate para.). However, Appellants’ data is hardly a showing of
unexpected results compared to the closest prior art, namely, Duan, who
discloses an aqueous dispersion comprising both polyurethane and
polychloroprene, not polyurethane or polychloroprene alone. In re Johnson,
747 F.2d 1456, 1461, 223 USPQ 1260, 1263-64 (Fed. Cir. 1984). Moreover,
to the extent that Appellants’ data reflects unexpected results, we find that
the evidence of obviousness for incorporating silicon dioxide in the aqueous
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Last modified: September 9, 2013