Appeal No. 1998-3144
Application No. 08/436,688
both Wood and Arnason "incorporate a greater amount into their
formulation than appellant incorporates into her formulation."
(page 6 of answer, third paragraph). However, since the
references teach that the resilient properties of the foam can
be altered by varying the amount of the latex incorporated
therein, the examiner reasons that "the variance of a result
effect variable, such as quantity of latex used, amounts to an
obvious modification well within the capabilities of the
skilled artisan." (page 6 of answer, third paragraph).
The flaw in the examiner's rejection is that the examiner
has failed to point to any suggestion in the prior art that
using a lesser amount of latex than that disclosed by Wood and
Arnason would result in a foam that is suitable for contacting
a wound. Stated otherwise, the examiner has not established
why one of ordinary skill in the art would have been motivated
to reduce the amount of rubber latex disclosed by Arnason and
Wood to form a polyurethane foam for contacting a wound. Wood
discloses that his polyurethane foam is suitable for making
ear plugs, tampons and packaging, and specifically teaches
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