Appeal No. 1996-0605
Application 07/989,593
to one of ordinary skill in the art since liposomes are
sustained delivery agents for drugs as well-known in
the art and since Motoyama teaches a synergistic
effect of the combination of antioxidants on oxidation
even in liposome form.
In response to the examiner’s position, appellant argues in the bridging
paragraph of pages 18-19 of the Brief that “[t]he Examiner has not provided
sufficient motivation for a person of ordinary skill in the art to modify a nutritional
composition intended strictly for oral administration (Ondrox’s tablet) with
Motoyama’s in vitro research composition, one in which a liposome contains one
antioxidant and the aqueous medium contains another antioxidant).”
It is well-established that before a conclusion of obviousness may be
made based on a combination of references, there must have been a reason,
suggestion or motivation to lead an inventor to combine those references.
Pro-Mold and Tool Co. v. Great Lakes Plastics Inc., 75 F.3d 1568, 1573, 37
USPQ2d 1626, 1629 (Fed. Cir. 1996). Here the examiner states:
The use of liposomes taught by Motoyama in the
teachings of UNIMED would have been obvious to
one of ordinary skill in the art since liposomes are
sustained delivery agents for drugs as well-known in
the art and since Motoyama teaches a synergistic
effect of the combination of antioxidants on oxidation
even in liposome form.
See, Answer, page 8. At page 11 of the Answer, the examiner states “[i]t is the
examiner’s position that both references teach synergistic effect of antioxidants
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