Appeal 2007-3167
Application 10/320,295
1 that an edge of the flat stiffening material is placed against a longitudinal
2 portion of the bar of soap and the stiffening material is then wrapped around
3 the circumference of the bar of soap. Thus, we find that Nakamura meets
4 the claimed invention with the exception that the bulky product of Nakamura
5 is not described as being soap. From the description in Will of having a bar
6 of soap wrapped by a stiffening member, we find that an artisan would have
7 been motivated to replace the bulky material of Nakamura with a bulky
8 material in the form of a bar of soap.
9 In addition, from the description in Nakamura that the stiffening
10 material (transparent rigid film sheet) is made from vinyl chloride, a plastic,
11 (fact 3) we find that an artisan would have been motivated to make the liner
12 of Will transparent plastic instead of paper, so that a customer can view of
13 product while making a decision of whether or not to purchase the product.
14 Accordingly, for both of these reasons, we hold that an artisan would have
15 arrived at the claimed process from the combined teachings and suggestions
16 of Nakamura and Will.
17 We are not persuaded by Appellant's assertion (Br. 6) that the process
18 of wrapping a soap bar with a sheet is not the same as filling a tube with a
19 confectionary. As we found, supra, nothing in claim 23 provides any details
20 of the process of how the bar of soap is actually wrapped. Nor are we
21 persuaded by Appellant's assertion (id.) that Will's process of using a paper
22 stiffener to wrap a bar of soap teaches away from wrapping the bar of with
23 plastic. From Will's description of wrapping the soap bar with a paper liner,
24 we find that the reference does not recite that the liner is made of plastic.
25 However, the fact that the reference does not describe using a plastic liner is
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