Appeal 2007-1945
Application 10/669,215
First, as correctly found by the Examiner at pages 6-7 of the Answer,
one of ordinary skill in the art would have recognized at the time of the
invention that yellowness can be reduced by either eliminating or
deactivating residual titanium catalyst as evidenced by Smith and Hamilton.
Hillbert also teaches employing a small amount of a titanium-containing
catalyst to speed up the reaction
so that it is useful for economical purposes and for making a
range of molecular weights useful for molding purposes but
which also results in a condensation polymer having good
clarity and color. Furthermore, environmental concerns
demand that the level of catalyst metals be decreased or
minimized which is achieved by using the process or this
invention (col. 2, ll. 20-26)
Any other benefits, such as increased melt stability and thermal
stability, would have naturally flowed from following the suggestion of the
prior art references. Ex parte Obiaya, 227 USPQ 58, 60 (BPAI 1985)
(holding that the recognition of another advantage flowing naturally from
following the suggestion of the prior art cannot be the basis for patentability
when the difference would otherwise be obvious). Moreover, the Appellants
have not demonstrated that the extent of improvement in melt and thermal
stability is significant and of practical advantage.2 In re D’Ancicco,
439 F.2d 1244, 1248, 169 USPQ 303, 306 (CCPA 1973). Thus, in our
2 To establish the significance of the level of their thermal and melt
stability, the Appellants must not only prove that the results involved are
significant in this field of technology, but also prove that the alleged
difference in the results involved is not within the margin of error
attributable to their experiments.
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