Appeal No. 2001-1154 Page 5
Application No. 08/482,579
(Answer, page 4), McCurry discloses “alkyl polyglycosides are known for their
detergent and surfactant functionalities …” and “can be made to have ‘maximum
stand-alone surfactant properties….’” The examiner finds (Answer, page 7), “the
precise meaning of the [phrase maximum stand-alone surfactant properties] … is
that the alkyl polyglycosides are so excellent in their surfactant properties that
they do not require additional surfactants.” See e.g., McCurry, column 3, lines
51-55. However, as appellants point out (Brief, page 6), “[t]he phrase ‘maximum
stand-alone surfactant properties’ is … neither synonymous with, nor analogous
to the formation of an iodine complex using alkyl polyglycosides.” According to
appellants (id.), McCurry “fails to contain any teaching, suggestion or motivation
relating to the formation of iodine complexes using alkyl polyglycosides.”
Nevertheless, based on the evidence of record, the examiner finds
(Answer, page 5), “one having ordinary skill in the art would have been motivated
to formulate an iodophor with a good stand alone detergent such as the instant
alkyl polyglycoside, as claimed with the expectation that the resulting iodophor
would provide antimicrobial efficacy.” While the examiner recognizes (Answer,
page 7) appellants’ argument “that iodine cannot complex with every detergent,
the [e]xaminer’s position is that iodine would have been expected to complex
with a detergent-surfactant that has such excellent surfactant properties as
formula I alkyl polyglycosides, in view of prior art teachings of iodine complexing
with ‘broad variety of detergent/surface-active polymers.’”
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