Appeal 2007-0042
Application 09/746,880
listed above, we determine that Beerse teaches similar lotion compositions to
those of Krzysik, applied to the same or similar absorbent articles, while
teaching the use of conventional thickeners such as polysaccharides or
polyacrylamides to “thicken” the lotion or ointment composition.
Accordingly, we determine that the “thickeners” taught by Beerse would
have been recognized by one of ordinary skill in this art as equivalent in
function to the “viscosity enhancers” taught by Krzysik, as well as
equivalent to the wax immobilizing agent of Krzysik since a thickener would
also reduce the tendency of the lotion to migrate. We also determine that the
addition of these thickeners taught by Beerse to the composition of Krzysik
for their intended function would have been obvious, with a reasonable
expectation that these thickeners would be successful for their intended
purpose.
Contrary to Appellants’ argument that Beerse teaches the use of
thickeners only to form gels from water or alcohol based solutions, we
determine that Beerse discloses and suggests numerous types of lotions and
ointments where thickeners may be employed, including non-aqueous
lotions (col. 8, ll. 28-35; col. 19, ll. 4-15; see factual finding (7) listed
above).
Appellants also present arguments directed to the motivation to select
the particular thickeners of Beerse from the “large number of groups of
compounds” disclosed in this reference (Br. 8 and 10). However, as found
from factual findings (4), (5), and (6) listed above, Beerse teaches various
compounds such as polysaccharides and polyacrylamides were well known
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