Appeal No. 1997-3189
Application 08/592,898
to try, the teachings in the references discussed above, i.e.,
that mixtures of Balliello’ exemplified dyes within appellants’
formulas can be used in combination with formazan dyes for dying
wool and polyamides and that the Geigy ‘464 dyes are beneficial
relative to known formazan dyes for the same purpose, would have
provided one of ordinary skill in the art with both a motivation
to use the Geigy ‘464 formazan dyes in admixture with Balliello’s
exemplified dyes within appellants’ formulas, and with a
reasonable expectation of success in doing so. Thus, such a
combination of dyes would have been prima facie obvious to one of
ordinary skill in the art. See In re Vaeck, 947 F.2d 488, 493,
20 USPQ2d 1438, 1442 (Fed. Cir. 1991); In re O’Farrell, 853 F.2d
894, 902, 7 USPQ2d 1673, 1680 (Fed. Cir. 1988).
Appellants argue, in reliance upon In re Baird, 16 F.3d 380,
29 USPQ2d 1550 (Fed. Cir. 1994), that there is no limit on
Balliello’s formazan dyes (brief, page 5). Unlike Baird,
however, where a nondisclosed specie of a very large genus was
claimed and nothing led to that specie, see Baird, 16 F.3d at
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