Ex parte KHAN et al. - Page 13




          Appeal No. 1997-0926                                                        
          Application No. 08/552,045                                                  


          citrus base fragrance oil, and other citrus fragrances, oily                
          color producing materials.  See, Scarpelli, col. 2, lines 46-               
          55 and Soper, col. 2, lines 36-45.                                          
               Having thoroughly reviewed the references relied on by                 
          the examiner, we find ourselves in agreement with appellants                
          that neither Soper nor Scarpelli may be relied on as                        
          appropriate evidence of obviousness under 35 U.S.C. § 103.                  
          Appellants' invention relates to the field of medical devices               
          and, more particularly, to lubricants for medical devices.                  
          Soper and Scarpelli are clearly not in the same field of                    
          endeavor as appellants' invention.  Further, neither reference              
          is reasonably pertinent to the particular problem with which                
          the appellants                                                              





          were concerned, i.e., lubricant degradation when exposed to                 
          radiation.  Thus, we are of the view that both Soper and                    
          Scarpelli are nonanalogous art.                                             
               In addition, Wong teaches silicone oil as a lubricating                
          oil in the disclosed composition because silicone oil will not              
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