Appeal No. 1995-1915
Application No. 08/117,846
Based on this teaching in Sublett, we find that one
having ordinary skill in the art would have been discouraged
from adding the polyester salts disclosed in Sublett to the
polyethylene terephthalate disclosed in Moritani. See
Gillette Co. v. S.C. Johnson & Son, Inc., 919 F.2d 720, 724,
16 USPQ2d 1923, 1927 (Fed. Cir. 1990) (the closest prior art
reference "would likely discourage the art worker from
attempting the substitution suggested"). For this reason, the
rejection of claims 6-8 under 35 U.S.C. § 103 as unpatentable
over the combination of Moritani and Sublett is reversed. See
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992) (the examiner bears the
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