Appeal No. 2002-1029
Application 08/869,328
An “obvious-to-try” situation exists
when a general disclosure may pique the
scientist’s curiosity, such that further
investigation might be done as a result of
the disclosure, but the disclosure itself
does not contain a sufficient teaching of how
to obtain the desired result, or that the
claimed result would be obtained if certain
directions were pursued. See generally In re
O’Farrell, 853 F.2d 894, 903, 7 USPQ2d 1673,
1681 (Fed. Cir. 1988) (defining obvious-to-
try as when prior art gives “only general
guidance as to the particular form of the
claimed invention or how to achieve it”)
[In re Eli Lilly & Co., 902 F.2d 943, 945,
14 USPQ2d 1741, 1743 (Fed. Cir. 1990)].
The rejection of all claims on appeal is reversed.
REVERSED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
WILLIAM F. PATE, III ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOHN P. McQUADE )
Administrative Patent Judge )
WFP:psb
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