1 tackiness properties of CAB-O-SILŪ fumed silica. The bottom line is that
2 the combination of Prochnow and Hastings would have rendered the subject
3 matter of at least claims 1 and 17 obvious.
4 Applicant argues that Hastings teaches away from using "petroleum
5 oils" because they are said to be exuded and are not attractive to fish. Col. 3,
6 lines 19-21. For this reason, Hastings prefers to use "mineral oil."
7 Applicant notes that Prochnow uses "petrolatum" as one of his ingredients.
8 A careful reading of Prochnow reveals that Prochnow describes the use of "a
9 stable water-in-oil emulsion of petrolatum mineral jelly or wax" (emphasis
10 added). In making his argument, applicant does not distinguish between
11 "petrolatum", "mineral oil", and "petrolatum mineral jelly or wax." In any
12 event, one skilled in the art reading Prochnow and Hastings would conclude
13 that what apparently was so in 1984 when Hastings filed his application,
14 appears to have been subsequently overcome by 1996 when Prochnow filed
15 his application.
16
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Last modified: September 9, 2013