Appeal No. 2006-2059
Application No. 09/998,500
feeding” (page 1, lines 17-19), we are confident that one of ordinary skill in the art would have
found it obvious to replenish the lost lipids by including them in the lotion of Buckley.
Appellants contend that since Example 1 of Allen is a composition comprising sodium
borate, which should not be ingested by an infant, Allen teaches away from using a composition
that is suitable for ingestion by a suckling infant. However, we are satisfied that one of ordinary
skill in the art would have readily recognized that compositions to be used in the breast cup of
Buckley should not contain components that are not suitable for ingestion by a suckling infant.
We find that one of ordinary skill in the art would have understood that Allen is directed to a
wide variety of applications that do not include ingestion by a suckling infant. Likewise,
contrary to the implication of appellants’ argument, one of ordinary skill in the art would have
found it obvious to eliminate the estrogen of Allen if it is known to be dangerous to the health of
a mother and the suckling infant.
As a final point, we note that appellants base no argument upon objective evidence of
nonobviousness, such as unexpected results, which would serve to rebut the prima facie case of
obviousness established by the examiner.
In conclusion, based on the foregoing, the examiner’s decision rejecting the appealed
claims is affirmed.
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