Appeal No. 2003-0645 5
Application No. 09/245,625
examiner applies Hill for teaching the loading of multiple stranded
or filamented nylon dental floss with chemotherapeutic agents,
prepared by dipping the floss into an agitated bath containing the
agent (Answer, page 4). From these findings, the examiner
concludes that it would have been obvious to load the
chemotherapeutic agents of Hill into the floss of Burch to provide
an effective means for imparting antimicrobial properties to these
fibers (id.). We agree.
To establish prima facie obviousness, three criteria must be
satisfied. There must be shown a reason, suggestion or motivation
for making the modification suggested by the examiner in combining
references, as well as a reasonable expectation of success in
making this modification, and the combination of references must
disclose or suggest every limitation of the claimed subject matter.
See In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir.
1991).
Appellants argue that there is no motivation to combine the
references as proposed by the examiner (Reply Brief, page 6). This
argument is not well taken since the examiner has provided a
motivation to combine, namely the teaching by Hill of providing
delivery of chemotherapeutic agents to the oral cavity by
incorporation of these agents into floss for improved dental
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