Appeal No. 95-3608
Application 07/960,420
103.
We have no doubt that the prior art could be modified in
the manner proposed by the examiner to arrive at appellants'
shower
gel and hair shampoo composition comprising the specific
combination of surfactants in the specific proportions or
amounts recited in independent claims 1 and 10. This is
apparent from a review of the instant specification. However,
the mere fact that the prior art could be so modified would
not have made the modification obvious unless the prior art
suggested the desirability of the modification. In re Gordon,
733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
Here, we find no direction or guidance in the prior art
which would have led persons having ordinary skill to a compo-
sition comprising the specific combination of surfactants in
the proportions or amounts set forth in appellants' claims.
The examiner has not established that the prior art suggests
the desirability of combining those surfactants in those
amounts. On the contrary, in the specification, appellants
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