Appeal No. 96-1957
Application 07/423,472
pH range (page 1, lines 29-37, 62-65 and 87-88) while Elliot pretreats treated wool fibers with an
amphoteric surfactant at an acidic pH to block the cationic charge on a resin layer on the wool
fibers as we set forth above.
Furthermore, the term “wetting agent” is used in Teutelink without exemplification, and
indeed, neither amphoteric nor other kinds of surfactants are disclosed. While the term may be
generic to surfactants per se, there is no reasonable suggestion to one of ordinary skill in this
reference to select an amphoteric surfactant rather than a nonionic, anionic or cationic surfactant
as the “wetting agent.” Indeed, on this record, the only apparent utility for an amphoteric
surfactant in a dyeing process involving keratin fibers is with respect to acidic dye baths as
acknowledged by appellant (specification, paragraph bridging pages 1-2) and to acid
pretreatments as in Elliot. Thus, at best, one of ordinary skill in this art would have found it
obvious to try an amphoteric surfactant as the “wetting agent” in the alkaline solution used in the
pretreatment step of the process of Teutelink which is an impermissible standard under 35
U.S.C. § 103. In re O’Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988).
Thus, based on the consideration of the scope of the teachings of the applied references as
combined by the examiner, as well as separately, we find no reasonable direction to one of
ordinary skill in this art to use an amphoteric surfactant in the alkaline pretreatment step in the
method of using an aqueous acidic printing paste in Teutelink or to render alkaline the acidic
pretreatment step in the method employing an acid dye bath in Elliot. Fine, supra. Accordingly,
the record before us supports the inference that the examiner relied on information gleaned from
appellant’s disclosure in formulating the ground of rejection on appeal. Dow Chemical, supra.
The examiner’s decision is reversed.
Reversed
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