Appeal 2007-1850
Application 10/939,879
dispersion of Duan outweighs the evidence of unexpected results. In re
May, 574 F.2d 1082, 1092, 197 USPQ 601, 609 (CCPA 1978); In re Nolan,
553 F.2d 1261, 1267, 193 USPQ 641, 645 (CCPA 1977). Indeed, as
acknowledged by Appellants, “the prior art suggests the addition of an
aqueous silicon dioxide dispersion to any emulsion latex polymer” (Br. 7,
last para.).
In conclusion, based on the foregoing, it is our judgment that the
evidence of obviousness presented by the Examiner outweighs any evidence
of nonobviousness proffered by Appellants. Accordingly, 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)(1)(iv).
AFFIRMED
clj
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