Ex Parte McGlothlin et al - Page 10

                 Appeal 2007-2135                                                                                        
                 Application 10/269,840                                                                                  

                 antioxidants or an antioxidant substitute such as a microcrystalline wax                                
                 (Noecker, col. 5, ll. 7-10; col. 8, ll. 18-49).                                                         
                        One of the problems addressed by Noecker is the problem of                                       
                 formation of nitrosamines by the amine-containing constitutents in the                                  
                 conventional sulphur-curing system, constitutents such as carbamate                                     
                 accelerators.  Noecker addresses this problem by eliminating the amine-                                 
                 containing constituents, and to totally eliminate these amine sources,                                  
                 Noecker turns to an oxygen-curing system.  The problem with the oxygen-                                 
                 curing system is that it results in a lower strength product and, therefore,                            
                 Noecker must add a strength-enhancing agent.                                                            
                        Fruh describes an alternate solution to the problem of nitrosamine                               
                 formation by the amine-generating accelerators used in the sulphur-curing                               
                 system:  Use a sulphur-curing system with an accelerator of a different kind,                           
                 an arylguanidinium xanthogenate (Fruh, col. 1, ll. 45-54).                                              
                        It follows from the above prior art disclosures that it would have been                          
                 obvious to one of ordinary skill in the art to form thin-film products such as                          
                 latex gloves using the sulphur-curing system, but with the accelerator of                               
                 Fruh when desiring to eliminate nitrosamine formation arising from the                                  
                 accelerator.  One would not then require the strength-enhancing agent of                                
                 Noecker.  One of the ways in which a claim’s subject matter can be proved                               
                 obvious is by establishing that there existed at the time of invention a known                          
                 problem for which there was an obvious solution encompassed by the                                      
                 claims.  KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1742, 82 USPQ2d                               
                 1385, 1397 (2007).                                                                                      



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