Appeal No. 1997-3037
Application 08/390,412
would have been obvious to one having ordinary skill in the art to substitute jasmine oil for
the phenyl ethyl alcohol in the compositions of [Yomogida] to produce a jasmine fragrance
having a hypnotic effect since [Machida teaches] that both materials provide a hypnotic
activity.” Examiner’s Answer, page 4.
We disagree with the examiner’s reasoning and conclusion. The examiner
proposes adding jasmine oil to Yomogida’s composition “to produce a jasmine fragrance
having a hypnotic effect.” However, Machida teaches that jasmine oil, on its own, has a
hypnotic effect. Therefore, it is unclear why one skilled in the art would combine it with
anything to impart a property it already exhibits.
Moreover, Yomogida is directed to developing a synthetic, idealized “modern rose”
aroma. The examiner has not explained why one skilled in the art would compromise the
“modern rose” aroma of Yomogida’s compositions by combining them with a distinctly
different scent like jasmine.
We hold that the examiner has not established a prima facie case of obviousness.
Accordingly, the rejection of claims 9, 12, 16 and 24 through 27 under 35 U.S.C. § 103 is
reversed.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
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