Appeal No. 95-0565
Application 07/867,089
It would have been obvious to one having ordinary
skill in the art at the time the invention was made to
modify McDaniel et al’s ‘729 process for preparing a
color
stabilized glycoside which involves the use of hydrogen
peroxide by incorporating a metal/hydrogen complex such
as sodium borohydride to stabilize the glycoside product
as taught in the McDaniel et al ‘918 reference since both
of the McDaniel et al References realize the importance
of producing glycoside products which have stable color
properties.
In an apparent attempt to be more specific, the examiner
states (Ans., pp. 6-7, bridging sentence):
It would be obvious to one of ordinary skill in the art
having both references before him to substitute one of
said processes for the other in order to produce a
glycoside product with stable color properties since the
steps for producing a color stable glycoside product in
both references are well known in the art.
The examiner seemingly argues that it is prima facie
obvious to use two processes, each of which is taught by the
prior art to be useful for the same purpose, in order to form
a third process useful for the very same purpose. Compare In
re Kerkhoven,
626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). While
appellants concede that McDaniel ‘918 teaches that “[t]he
source of hydrogen . . . may be . . . sodium borohydride
(McDaniel ‘918, col. 4, l. 63-66), they emphasize that
“McDaniel ‘918 teaches contacting with hydrogen gas in the
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