Appeal No. 2000-0605
Application No. 08/803,779
and frictional characteristics), and transparency, which are
also recognized by Hillier as desirable for materials for
medical products used in administration of medical fluids. We
also appreciate that the composition taught by Hillier may
include polyesters, polyether or polyester urethane polymers,
or mixtures thereof, in substantial amounts. However, viewing
the teachings of Hillier and Kobayashi as a whole, as we are
obliged to do, we fail to perceive any teaching, suggestion or
incentive therein which would have motivated an artisan to
substitute the composition taught by Kobayashi for the
composition taught by Hillier in making medical products for
administration of parenteral fluids. In particular, we note
that the applications taught by Kobayashi for the disclosed
composition are quite divergent from the medical applications
taught by Hillier and that Kobayashi in no way teaches or
suggests that the composition disclosed therein is suitable as
a substitute for PVC or for making medical products of any
kind.2 From our perspective, the only suggestion for putting
2 We note in this regard that the examiner's statement (answer, page 5)
that the material disclosed by Kobayashi is already well known in the medical
field is not supported by evidence. In making an obviousness rejection, the
examiner has the initial duty of supplying the requisite factual basis and may
(continued...)
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