Appeal No. 95-0368
Application No. 07/973,211
The cited prior art, however, provides no reason, suggestion
or motivation to provide a kit containing the second towelette
impregnated with sodium thiosulfate. On the contrary, Bargery
discloses that after using the anti-viral wipe of his invention,
"subsequently any residues were mopped up." See Bargery, column
5, lines 15 and 16. Lister discloses that his virucidal wipe may
be used to remove organic materials from counter tops, walls,
floors, and instruments "not corroded by sodium hypochlorite."
See Lister, column 3, lines 34 and 35. Itagaki discloses that
sodium thiosulfate is a reducing agent, and the second essential
component of a kit, but that disclosure must be viewed in the
context of a "kit for contact lens sterilization and method for
contact lens sterilization." On this record, the examiner
provides no reason or suggestion why a person having ordinary
skill in the art would have modified Itagaki's kit by using
towelettes therein. The function of Itagaki's sodium thiosulfate
is "to make nontoxic the oxidizing agent still remaining after
sterilization" (column 2, lines 59 and 60) so that a contact lens
may be worn safely with no damage to the eye. The examiner does
not adequately explain how or why that disclosure would have led
a person having ordinary skill in the art to modify any of the
"primary" references in this case, to arrive at a kit containing
a second towelette impregnated with sodium thiosulfate.
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