Appeal 2006-3208
Application 10/097,232
Other Findings
17. Given Goodrich’s teachings regarding the use of photosensitizers
to destroy microorganisms, and Li’s teaching that antimicrobials are a
known additional component of conveyor lubricant compositions, one of
ordinary skill in the art, faced with the problem of microorganisms in
conveyor lubricant compositions, would have been motivated to combine the
teachings of Goodrich with prior art, commercial conveyor lubricant
compositions, including those of Li (FFs 1-7, 10-15).
18. Further, the skilled artisan would have had a reasonable
expectation of success in reducing microorganisms in the prior art lubricant
compositions based on the cited prior art teachings and the level of skill in
the art (Id.).
Discussion of the § 103(a) Issue: Claim 1
Appellants’ claimed invention is a composition formed by combining
an “antimicrobial beverage conveyor lubricant” (which can be a prior art
commercial conveyor lubricant) with a “singlet oxygen-generating agent”
(claim 1). This combination must be able to provide “a lubricant coating
having a coefficient of friction less than about 0.14” and to permit “high-
speed movement of blow-molded polyethylene terephthalate containers
along a beverage conveyor” (id.). Each of these limitations is found in the
cited prior art (FFs 1-6, 10, 13-15). Thus, the issue is whether the
combination of a prior art lubricant having a coefficient of friction less than
about 0.14 and capable of permitting high-speed movement along a
conveyor, as disclosed in Li and Appellants’ Specification, with one of
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