Ex Parte Koenig - Page 4


              Appeal No. 2006-0185                                                                 Page 4                
              Application No. 10/159,253                                                                                 

              present on infected surfaces.”  Column 8, lines 12-20.  Examples of such surfaces                          
              include human skin.  Column 1, lines 26-38.                                                                
                     Johnson teaches an isoprenoid compound, or more specifically, “a                                    
              sesquiterpenoid [that] include[s] farnesol.”  Column 3, lines 27-29.  Johnson also teaches                 
              the “farnesol…promote[s] the uptake of exogenous compounds, including antibiotics, by                      
              cells of gram-positive bacteria and fungi, such as yeasts.”  Column 4, lines 25-29.                        
              Johnson further teaches “a solution comprising a sesquiterpenoid and an antimicrobial                      
              compound.  The composition is preferably applied in the form of a solution to be sprayed                   
              or wiped on the surface.”  Column 4, lines 13-16.  In addition, Johnson teaches that an                    
              effective amount of farnesol would be “between 0.1 mM and 50 mM.”  Column 3, lines                         
              18-19.                                                                                                     
                     We agree with the examiner that these disclosures would have made the                               
              presently claimed personal care absorbent article prima facie obvious to a person of                       
              ordinary skill in the art.  Specifically, it would have been obvious to provide a wipe                     
              comprising an isoprenoid compound, e.g., farnesol, and an antimicrobial compound.                          
              Motivation to combine the farnesol-containing composition taught by Johnson with the                       
              wipe taught by Piccini is provided in Johnson where such a composition can be wiped on                     
              a surface in order to disinfect it.  Column 4, lines 9-16.  Furthermore, the range of                      
              effective amounts disclosed in the specification overlaps the range of effective amounts                   
              disclosed by Johnson.5                                                                                     

                                                                                                                         
              3 Piccini et al., EP 1 059 032, issued December 13, 2000.                                                  
              4 Johnson et al., U.S. Patent 6,319,958, issued November 20, 2001.                                         
              5 Farnesol has a molecular weight of 222.37.  See Johnson, Fig. 1 (showing farnesol’s chemical formula).   
              Therefore, a concentration of 1 M corresponds to 222.37 grams/liter.  Johnson discloses that               
              concentrations of 0.1 mM to 50 mM (column 3, lines 18-19) facilitate uptake of antimicrobial compounds;    





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