IN RE MAYNE

No. 95-1522.

104 F.3d 1339 (1997)

In re Nancy G. MAYNE, Rama Belagaje, Paul J. Burnett and Hansen M. Hsiung.

United States Court of Appeals, Federal Circuit.

January 17, 1997.


Attorney(s) appearing for the Case

Paul J. Gaylo, Eli Lilly and Company, Indianapolis, IN, argued, for appellants. With him on the brief, were John E. Parrish and Edward P. Gray. Of counsel was Paul R. Cantrell.

Scott A. Chambers, Associate Solicitor, U.S. Patent and Trademark Office, Arlington, VA, argued, for the Commissioner. With him on the brief, were Nancy J. Linck, Solicitor, Albin F. Drost, Deputy Solicitor, and Richard Torczon, Associate Solicitor.

Before ARCHER, Chief Judge, MICHEL and RADER, Circuit Judges.


RADER, Circuit Judge.

The Patent and Trademark Office Board of Patent Appeals and Interferences (Board) affirmed the rejection of claims 30 and 31 of patent application 07/686,016 as obvious under 35 U.S.C. § 103 (1994). The Board also rejected applicants' attempt to rebut the prima facie case of obviousness with evidence of unexpected properties. Because the applicants merely substituted one element known in the art for a known equivalent, this court affirms...

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