Appeal No. 1996-0270
Application 08/118,128
Because Fenton-type systems were known to be effective
for decontaminating soil in a slurry, and because Sun
indicates that his method is considered to be operable through
one of two mechanisms, one of which involves the Fenton
reaction, one of ordinary skill in the art would have had a
reasonable expectation that the Sun method would be effective
for decontaminating soil in a slurry. We note that for a
prima facie case of obviousness to be established, only a
reasonable expectation of success, not absolute certainty, is
required. See O’Farrell, 853 F.2d at 903-04, 7 USPQ2d at
1681.
For the above reasons, we hold that the method recited in
appellant’s claim 1 would have been prima facie obvious to one
of ordinary skill in the art at the time of appellant’s
invention over Sun.
Appellant argues that Sun does not take into account the
potentially interfering substances in soil or the sorption of
prior art. See In re Hedges, 783 F.2d 1038, 1039-40, 228 USPQ
685, 686 (Fed. Cir. 1986); In re Davis, 305 F.2d 501, 503, 134
USPQ 256, 258 (CCPA 1962).
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