Appeal No. 2005-1186 Page 5
Application No. 09/746,872
375, 379 (Fed. Cir. 1986). As explained below, we determine that
the examiner has set forth a prima facie case of obviousness.
The examiner has adequately established that the applied art
would have provided one of ordinary skill in the art with both the
suggestion to carry out appellants’ claimed invention and a
reasonable expectation of success in so doing. Id., In re Dow.
The examiner explains why substitution of the composition taught by
Klofta, in place of the composition of Krzysik, is suggested by the
applied art. As explained by the examiner on page 4 of the answer,
Klofta discloses a lotion composition. The lotion imparts a soft,
lubricious feel, and tends to be mild to the skin, thus mitigating
the potential for skin irritation. See column 1, lines 17-25 of
Klofta. Other benefits are listed at column 4, at lines 27-49 of
Klofta. These teachings support the examiner’s statement made on
page 4 of the answer that it would have been obvious to modify the
composition of Krzysik by substituting the composition of Klofta in
order to provide a lotion composition that kills viruses and
imparts a soft lubricious feel (among the other benefits taught by
Klofta).
With regard to the reasonable expectation of success criteria,
the lotion in Klofta is applied to paper products. See column 1,
lines 17-29. The lotion formulation in Krzysik is applied to
absorbent articles, such as diapers. See column 4, lines 19-29.
See also figure 1. As such, there exists a reasonable expectation
of success that the lotion formulation, that is applied to a paper
product of Klofta, would function as expected in the absorbent
article of Krzysik.
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