Appeal 2006-3208
Application 10/097,232
We further rely on the Safety Data Sheet for an aqueous
DICOLUBE™ Conveyor belt lubricant, sold by Johnson Diversey
(MSDS1999) and identified by Appellants (Spec. 9) (hereafter “DICOLUBE
MSDS”) (copy attached).
OBVIOUSNESS UNDER § 103(a)
The § 103(a) Issue: Claim 1
According to the Examiner:
One of ordinary skill in the art would be motivated to make a
lubricant composition containing glycerol as lubricant
because Li disclosed that glycerol is a lubricant . . . . Alder
was relied upon for the disclosure that dyes or
photosensitizers are used for generation of singlet oxygen . . .
. One of ordinary skill would expect to obtain enhanced
antimicrobial action of a lubricant composition containing
glycerol, because Goodrich disclosed that glycerol is an
enhancer of the photochemical action that generates singlet
oxygen for inactivation of microorganisms . . . .
(Answer3 4-5.)
Further, according to the Examiner: “As [an] antimicrobial
composition is the subject matter of the invention, no patentable weight was
given to “. . . permitting high speed movement of blow molded polyethylene
terephthalate containers along a beverage conveyor.” (Answer 5.)
Appellants contend:
Goodrich, Jr. et al. describe[] a blood purification
system [and] use a photosensitive singlet oxygen generation
mechanism to inactivate microorganisms . . . in blood,
constituents derived from blood components or peritoneal
3 Citations to “Answer” are to the Examiner’s Answer (mailed May 17,
2006) in response to the appeal brief filed July 6, 2005.
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