Appeal No. 95-3320
Application 07/974,510
an antigen, especially in their antigen-binding properties.
See pages 2 to 4, paragraphs 9 to 14, of Nojiri’s Declaration
Under
37 CFR 1.132. Nevertheless, Widder expressly states that
antibody-containing serum derived from the blood of “[a]ny
animal which is capable of forming antibodies in the blood”
(Widder, col. 2, l. 8-9) in response to human hair would be
useful in hair care products. We find that Widder’s
disclosure reasonably would have led persons having ordinary
skill in the art to try antibody-containing serum derived from
a domestic fowl immunized using human hair as an antigen to
determine if its antigen-binding capacity was sufficient for
use in human hair care products. However, “obvious to try” is
not the standard for unpatentability under section 103. In re
O’Farrell, 853 F. 2d 894, 903, 7 USPQ2d 1673, 1680-81 (Fed.
Cir. 1988).
Moreover, we find no suggestion in the cited prior art to
use yolk antibody derived from domestic fowl immunized with
hair antigen rather than antibody-containing serum derived
from domestic fowl immunized with hair antigen in human hair
care products. That “[a]ntibodies are readily transmitted to
the yolk while still in the ovary, and in the fluid phase of
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