Appeal 2006-2400
Application 10/051,814
chloride. See Brief 7-8. In support of this position, the Appellants refer to a
moistened wipe having aqueous composition containing benzalkonium
chloride, which is said to have “an unacceptable slippery feel, which
rendered them unsuitable for marketing.” See Reply Brief 1-3, together with
Pregozen, column 7, lines 11-45.
We are not persuaded by this argument. Although Pregozen considers
that the level of slippery feel of the resulting moistened wipe containing
benzalkonium chloride may not be suitable for marketing, it does not
indicate that the resulting moistened wipe containing benzalkonium chloride
is not useful for “cleaning and delivering a cationic biocide to animate or
inonius surfaces . . . .” Since a marketing trend tends to change with time
and the moistened wipe having benzalkonium chloride is still effective for
the Appellants’ purpose, we are of the view that one of ordinary skill in the
art would have been led to employ, inter alia, benzalkonium chloride as a
cationic biocide in the moistened wipe taught by Pregozen. In re Boe, 355
F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966)(All of the disclosures in a
reference, including non-preferred embodiments, “must be evaluated for
what they fairly teach one of ordinary skill in the art.”). There simply is
nothing in Pregozen to suggest that “the line of development flowing from
[its] disclosure is unlikely to be productive of the result sought by the
applicant.” In re Gurley, 27 F.3d 551, 553, 31 USPQ2d 1130, 1131 (Fed.
Cir. 1994).
As to separately rejected claims 31 through 33, the Appellants state
that:
Claims 31-33 have been rejected over three and four-way
combinations of still other tangentially related art; however,
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007