Appeal No. 2001-1154 Page 6
Application No. 08/482,579
To establish a prima facie case of obviousness, there must be both some
suggestion or motivation to modify the references or combine reference
teachings and a reasonable expectation of success. In re Vaeck, 947 F.2d 488,
493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991). On this record, we find neither a
suggestion to modify the reference nor a reasonable expectation of success.
There is no evidence on this record that alkyl polyglycoside is the type of
detergent (Lennette), or detergent/surface-active agent (Shetty) that can act as a
carrier for iodine. As appellants point out, that a broad variety of
detergents/surface-active agents can act as carriers for iodine does not mean
that every detergent or surface-active agent can do so. The examiner failed to
present any evidence that alkyl polyglycoside can be a carrier for any molecule,
or that alkyl polyglycoside is so similar to the prior art detergents that one could
reasonably expect it to act as a carrier. To the contrary, the examiner has
emphasized the differences between alkyl polyglycoside and other prior art
detergents/surface-active agents, specifically that alkyl polyglycoside has
miximum stand-alone surfactant properties, thus requiring minimal, if any,
formulations with other surfactants, as typically required in the past. See
McCurry, column 3, lines 51-55. Therefore, we find no suggestion in the prior art
relied upon to combine McCurry with Lennette and Shetty.
In addition, because the examiner failed to identify a nexus, e.g.,
structural similarity, other than its surface-active properties, between the claimed
alkyl polyglycoside and the prior art iodine carriers, we find no reasonable
expectation of success in utilizing alkyl polyglycoside as a carrier for iodine. In
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