Appeal 2007-1366
Application 90/005,090
1 407 F.3d at 1380, 74 USPQ2d at 1830. Tanaka does not teach away from
2 using multifunctional siloxanyl ester crosslinking agents.
3 Gaylord also does not describe the specifically claimed method of
4 making TRIS. At the time of Patentee’s invention, TRIS was a known
5 comonomer useful in making contact lens materials. The hypothetical
6 person having ordinary skill in the contact lens material art would have been
7 aware of the known techniques for forming the contact lens comonomers
8 such as TRIS. Gaylord, for example, describes ways of making
9 comonomers, including two techniques for making TRIS. Gaylord,
10 Examples 1 and 22, 6:40-7:18 and 11:25-51. Quaal describes another.
11 Based on the record before us, one having ordinary skill in the art would
12 have expected that the source of the TRIS comonomer, i.e., the method of
13 making TRIS, would have little or no effect on the copolymerization process
14 and resulting contact lens copolymer. It would have been obvious,
15 therefore, to use TRIS made by any known process, including the process
16 taught by Quaal as the source for TRIS in the copolymerization process
17 taught by Gaylord. The substitution of a known method of making TRIS for
18 the known method expressly taught by Gaylord gives nothing more than the
19 predictable result and would have been obvious. KSR, 127 S.Ct. at 1739.
20 “The results of ordinary innovation are not the subject of exclusive rights
21 under the patent laws.” KSR, 127 S.Ct. at 1745.
22 Patentee argues that there are differences between the claimed process
23 for making TRIS and the process specifically described by Quaal. For
- 18 -
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: September 9, 2013