Appeal No. 1998-0370
Application No. 08/568,410
also discloses that the detergent compositions contain ingredients that are harmless to the
human body. (Column 1, lines 11-18 and column 2, lines 19-22).
One of ordinary skill in the art equipped with the knowledge of Kitamura, 21 CFR §
173.315 and the descriptions of the prior art would have been motivated to form detergent
compositions of Kitamura employing only components which are
generally regarded as safe because the compositions would be used to clean fruits and
vegetables. As stated above, the prior art discloses components used to clean fruits and
vegetables must not harm humans. Thus, one of ordinary skill in the art, when forming
Kitamura’s composition for washing fruits and vegetables, would have recognized that the
composition should contain ingredients that were not harmful to humans. Knowledge
generally available to one skilled in the art can provide the motivation to combine the
relevant teachings. Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d 281,
297 n.24, 227 USPQ 657, 667 n.24 (Fed. Cir. 1985). The motivation to combine the
relevant teachings of references may come from knowledge of those skilled in the art that
certain references, or disclosures in the references, are known to be of special interest or
importance in the particular field. Pro-Mold and Tool Co. v. Great Lakes Plastics Inc.,
75 F.3d 1568, 1573, 37 USPQ2d 1626, 1630 (Fed. Cir. 1996).
Appellants argue that it would not be obvious to eliminate the essential protease
inhibitor of Kitamura based upon the Code of Federal Regulations. (Brief, page 3, third
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