Appeal 2007-1945
Application 10/669,215
100 parts of phosphorus in the form of a phosphate ester or phosphoric acid.
The resulting polyester is said to be slow to crystallize similar to the
amorphous polyester described in Allen. Moreover, the Appellants have not
disputed the Examiner’s finding at page 5 of the Answer that “parts” means
“ppm.”
Given the above teachings, we concur with the Examiner that the
combined disclosures of Allen and Hillbert would have led to employing the
catalyst system of Hilbert in preparing the polyester of the blends taught by
Allen, motivated by a reasonable expectation of successfully obtaining the
advantages delineated by Hillbert.
2(B). SECONDARY CONSIDERATION (UNEXPECTED RESULTS)
As a rebuttal to the prima facie case of obviousness established by the
Examiner, the Appellants appear to contend that the claimed subject matter
imparts unexpected results (Br. 7-12). In support of this contention, the
Appellants refer to Examples 1 through 4 and Tables 2 through 4 in the
Specification (id). According to the Appellants, these Examples and Tables
show that a thermoplastic composition having the claimed range of titanium
unexpectedly provides reduced yellowness and increased melt stability
(improved viscosity) and thermal stability (id).
The Appellants have the burden of showing unexpected results with
respect to the entire scope of the claimed subject matter. See e.g., In re
Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972). As correctly
pointed out by the Examiner at pages 6-8 of the Answer, however, the
Appellants have not carried their burden.
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