Appeal No. 2004-0446
Application No. 09/747,601
While these characteristics (i.e., stretchability and
conformability) may be beneficial to the casting tapes of
Scholz, there is no indication that these properties would
be of benefit to the absorbent wound dressings of Ewall.
That is, there is no motivation or suggestion identified to
combine the teachings of Scholz with Ewall as required to
establish prima facie obviousness.
The appellants’ argument is not well taken. The
conformability characteristic, which is taught by Scholz to
result from his microcreping technique, plainly is applicable to
the wound dressing of Ewall particularly since this dressing is
expressly described as being flexible and skin-conformable (e.g.,
see lines 16 and 52 in column 2). Moreover, the teachings of
these references would have provided the artisan with a
reasonable expectation of success especially since, as correctly
noted by the examiner, the fabrics of both Ewall and Scholz may
be formed from the same material, namely, polyester fibers. See
In re O’Farrell, 853 F.2d 894, 903-04, 7 USPQ2d 1673, 1680-81
(Fed. Cir. 1988).
In light of the foregoing, it is our ultimate determination
that the Ewall and Scholz references evince a prima facie case of
obviousness with respect to appealed independent claims 1 and 23
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