Appeal No. 2000-0954 Page 7
Application No. 08/972,206
softens, said solution obtained by combining water and
one or more members selected from the group consisting of
alkali metal polyphosphates, organo-phosphonates, alkali
metal salts of nitriloacetic acid and alkali metal salts
of ethylene diamine tetraactic acid; and then flushing
the softened manure from the pads with pressurized water.
The examiner determined (answer, pp. 3-4) that to use the
cleaning solution of Castrantas to clean the nest pad of Dyer
would have been obvious to one skilled in the art wishing to
easily and effectively clean the nest pad. We do not agree.
In our view, the only suggestion for modifying Dyer to use the
cleaning solution of Castrantas (an improved dry cleaning
formulation for dry cleaning garments and other articles made
from textile fibers) to clean Dyer's nest pads in the manner
proposed by the examiner stems from hindsight knowledge
derived from the appellants' own disclosure. As set forth
above, the use of such hindsight knowledge to support an
obviousness rejection under 35 U.S.C. § 103 is, of course,
impermissible. While Dyer does teach (column 3, lines 16-19)
that his nest pads can be cleaned on site with a sprayer, we
fail to find any motivation in the applied prior art that would
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