Appeal No. 2003-1308
Application No. 09/287,176
disclosed by Mockli. We find that one of ordinary skill in the
art would have found it obvious to employ the direct dyes of
Mockli in the composition of Kao for the purpose of achieving the
advantages described by Mockli and, based on the Kao disclosure
that cationic dyes are particularly preferred because their
stability and dye uptake are enhanced by the addition of guar
gum, one of ordinary skill in the art would have reasonably
expected that the direct dyes of Mockli would be compatible with
the guar gum of Kao's dyeing composition. Appellant has advanced
neither argument nor evidence demonstrating that one of ordinary
skill in the art would have had any expectation that the direct
dyes of Mockli would be incompatible with the guar gum of Kao.
While appellant contends that Kao "does not fairly suggest that
all dyes will work with its guar gums" (page 7 of principal
brief, last paragraph), Kao does teach that cationic dyes are
particularly preferred.
As a final point, we note that appellant bases no argument
upon objective evidence of nonobviousness which would serve to
rebut the inference of obviousness established by the applied
prior art.
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