Appeal 97-1939
Application 08/375,049
been said about the problem in the Pagay specification. Pagay
mentions no clogging problem. Accordingly, on this record,
there is no reason or motivation to add ammonium hydroxide to
the Pagay aqueous enteric coating dispersion. Compare Smiths
Industries Medical Systems, Inc. v. Vital Signs, Inc., 183
F.3d 1347, 1356, 51 USPQ2d 1415, 1420-21 (Fed. Cir. 1999)
(There is no basis for concluding that an invention would have
been obvious solely because it is a combination of elements
that were known in the art at the time of the invention. The
relevant inquiry is whether there is a reason, suggestion, or
motivation in the prior art that would lead one of ordinary
skill in the art to combine the teachings of the references,
and that would also suggest a reasonable likelihood of
success. Such a suggestion or motivation may come from the
references themselves, from knowledge by those skilled in the
art that certain references are of special interest in a
field, or even from the nature of the problem to be solved).
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For the benefit of the examiner and applicants, we make
the following observation. Claim 42 contains the limitation
"free of organic solvents, detackifiers, glidants, and
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