Appeal No. 95-3320
Application 07/974,510
finding of motivation is clearly erroneous for two reasons.
First, the evidence of record establishes that persons having
ordinary skill in the art would not have looked to the egg
yolk of domestic hens for “an alternative source” for the
mammalian antibody utilized in the prior art because the serum
antibodies derived from Widder’s mammalian blood immunized
using human hair as an antigen are distinct from yolk
antibodies derived from an egg of a domestic fowl immunized
using human hair as an antigen. Second, the cited prior art
does not recognize any inconvenience associated with the
removal of blood from chickens immunized with human hair as an
antigen.
There must be a reason or suggestion in the art for
selecting the procedure used, other than the knowledge
learned from the applicant’s disclosure.
In re Dow Chem. Co., at 473, 5 USPQ2d at 1532. For the
reasons stated, we reverse the examiner’s rejection. “Both
the
suggestion and the expectation of success must be founded in
the prior art disclosure, not in the applicant’s disclosure.”
Id.
at 473, 5 USPQ2d at 1531.
Conclusion
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