Appeal 2007-2049
Application 10/475,223
facie case with sufficient evidence of unexpected results? See In re Kahn,
441 F.3d 977, 985-86, 78 USPQ2d 1329, 1335 (Fed. Cir. 2006) (“On appeal
to the Board, an applicant can overcome a rejection by showing insufficient
evidence of prima facie obviousness or by rebutting the prima facie case
with evidence of secondary indicia of nonobviousness.” (Emphasis
omitted)).
B. Finding of Facts
The following Finding of Facts (FF) are supported by a preponderance
of the evidence:
1. The claimed formamidines, phenols, benzotriazoles,
benzophenones, and hindered amines were known to function
as light stabilizers and antioxidants in a wide range of polymer
compositions, including polychloroprene compositions and
emulsions (latexes) (see the applied references as a whole and,
in particular, Speelman).
2. Improving the color fastness of polychloroprene to UV rays
was a known problem in the art (Denki).
3. Optical stablizers such as benzotriazoles and hindered amines
were known to improve the colorfastness of polychloroprene to
UV rays of 300 nm or more wavelength (Denki ¶ 0002).
4. There was a problem, however, with the stability of
polychloroprene latexes to UV-C rays, rays of 300 nm or less
wavelength (Denki ¶ 0003).
5. Denki discloses a solution to the problem of UV-C stability by
adding a combination of phenol compounds (Denki ¶¶ 0004-
09). One of the combinations of phenol compounds includes
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