Appeal No. 2005-0622
Application 09/911,279
The appellants argue that one of ordinary skill in the art
would not have expected Savu=s surfactant to be effective in an
inkjet ink composition given Savu=s disclosure of the surfactant=s
ability to form foam when used as an oil well stimulation
additive (brief, pages 14-15). The foam is formed by mixing an
aqueous solution containing the surfactant with a gas such as
carbon dioxide or nitrogen (page 22, lines 15-17), which would
not be done when the surfactant is used in an inkjet ink
composition. Hence, Savu would have provided one of ordinary
skill in the art with a reasonable expectation of success in
using Savu=s surfactant in an inkjet ink composition. We note
that for a prima facie case of obviousness to be established, all
that is needed is a reasonable expectation of success, not
absolute certainty. See O=Farrell, 853 F.2d at 903-04, 7 USPQ2d
at 1681.
For the above reasons we conclude that a prima facie case of
obviousness of the appellants= claimed invention has been
established and has not been effectively rebutted by the
appellants. Accordingly, we affirm the examiner=s rejections.
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