Appeal 2007-2915
Application 10/151,637
of the plastic composite in Schwarz’s container was beyond the routine skill
in the art or that incorporation of GMS at concentrations between about
4,000 to about 8,000 ppm provided unexpected results.
Therefore, we hold that the Examiner has provided a sufficient factual
basis to support a reasonable conclusion of obviousness based on the
combined disclosures of Schwarz and Wilkie and Appellants’
counterarguments are unpersuasive of reversible Examiner error, especially
in the absence of any evidence of secondary considerations, e.g., unexpected
results or activity beyond the ordinary skill in the art.
Based on the foregoing, we affirm the rejection of claims 17-22 under
§ 103(a) as obvious over the combined teachings of Schwarz and Wilkie.
IV. Conclusion
In view of the foregoing and for the reasons given, it is
ORDERED that the Examiner’s rejection of claims 17-22 under 35
U.S.C. § 103(a) as unpatentable over the combined teachings of Schwarz
and Wilkie is AFFIRMED.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
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