by Dennis Crouch
In a recent decision, the PTAB affirmed an examiner's obviousness rejection of claims related to an anodizing process for aluminum and magnesium alloys. Ex parte Eidschun, Appeal 2023-003437 (PTAB Oct. 16, 2024). The case offers an example of a R132 declaration from the inventors that was deemed insufficient to provide evidence of unexpected results in order to rebut obviousness arguments. To be more precise, the declaration appears to have overcome the examiner's obviousness rejection, but the Board provided new reasoning (based on the same references) and so sustained the rejection based upon these new grounds.
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