Appeal No. 95-0124
Application 08/040,911
September 13, 1994 (Paper No. 13); and (4) the above-cited
references relied on by the examiner.
On consideration of the record, including the above-listed
materials, we reverse the examiner’s rejection under 35 U.S.C.
§ 103.
DISCUSSION
In rejecting all of the appealed claims under 35 U.S.C.
§ 103, the examiner argues that it would have been obvious to
encapsulate the fatty acid calcium salts of Palmquist with the
polymer coating of Ardaillon. See the Examiner’s Answer, page 4.
We have no doubt that the prior art could be modified in the
manner proposed, which is apparent on reviewing the instant
specification and claims. The mere fact that the prior art could
be so modified, however, would not have made the modification
obvious unless the prior art suggested the desirability of the
modification. In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984).
Here, the examiner does not provide a cogent reason or
motivation stemming from the references which would have led a
person having ordinary skill to modify the fatty acid calcium
salts of Palmquist, per the teachings of Ardaillon, in the manner
proposed. On the contrary, we agree with appellants that the
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