Appeal No. 2003-0234
Application No. 09/446,202
placed into the bath until the composition is rinsed off of the
produce or the produce is consumed, would include times of at
least about half a minute. The teaching that the components of
the composition are toxicologically acceptable, i.e., “any
residues from the ingredients of the compositions which may
remain on the fruits or vegetables cleansed therewith are safe
for ingestion by humans and lower animals” (col. 6, lines 64-67),
indicates that the produce does not need to be rinsed before
consumption.
The appellants argue that Murch ‘295 does not disclose or
suggest either a contact time of at least half a minute or a
relation between time and disinfectancy (brief, page 4). For the
reasons given above, Murch ‘295 would have fairly suggested, to
one of ordinary skill in the art, a contact time of at least
about half a minute. For a prima facie case of obviousness to be
established, it is not necessary for Murch ‘295 to have suggested
to one of ordinary skill in the art a contact time of at least
about half a minute for the purpose of solving the problem solved
by the appellants. See In re Kemps, 97 F.3d 1427, 1430, 40
USPQ2d 1309, 1311 (Fed. Cir. 1996); In re Beattie, 974 F.2d 1309,
1312, 24 USPQ2d 1040, 1042 (Fed. Cir. 1992); In re Dillon, 919
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