Application of Julius Diamond and Milton Kellman

MARTIN, Judge.

This is an appeal from a decision of the Board of Appeals affirming the rejection of all the claims in appellants’ application 1 as obvious in view of certain prior art within the meaning of 35 U.S.C. § 103.

Section 103 requires us to determine whether or not the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole was obvious. The parties have come to issue on the question of whether evidence relating to a therapeutic composition shows that the composition exhibits such unexpected results, in terms of an…