Appeal No. 1999-0023
Application No. 08/374,907
We do not sustain the respective rejections of appellant’s
claims under 35 U.S.C. § 103.
Claim 3 appears below.
A liquid pervious thin film or fabric sheet
formed of synthetic and/or natural materials
which has been treated with a substantially
non-aqueous composition comprising propylene
glycol, at least one non-water soluble skin
protectant and at least one surfactant.
In determining that the content of this claim would have
been obvious, the examiner relies solely upon the patent to
Pregozen. As to the claim limitation of a “substantially non-
aqueous composition” of specified components, the examiner
concludes that such would have been an “obvious matter of design
choice” i.e. substituting a non-aqueous media for an aqueous
media (answer, pages 3 and 5). The examiner did not determine
that the claimed subject matter would have been obvious to one
having ordinary skill in the art at the time of the present
invention. On the other hand, appellant argues that the
rejection is based upon hindsight since the applied patent lacks
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