Appeal 2007-2602
Application 10/797,975
in Valyi for making the containers of Hagiwara et al. to obtain the invention
of claims 1-19." (Answer 5.)
In order to determine whether a prima facie case of obviousness has
been established, we consider the factors set forth in Graham v. John Deere
Co., 383 U.S. 1, 17 (1966); (1) the scope and content of the prior art; (2) the
differences between the prior art and the claims at issue; (3) the level of
ordinary skill in the relevant art; and (4) objective evidence of
nonobviousness, if present.
We find based on the evidence before us that the Examiner has
established a prima facie case of obviousness. Hagiwara represents the
scope and content of the prior art, and discloses that heated and molded
thermoplastic articles containing a biocidal agent are known. The difference
from the prior art not shown by Hagiwara is an improved biocidal activity
upon thermoforming the article. Ando shows that a process of producing an
antibacterial fiber or resin article containing a zeolite, is known in the prior
art and indicates that upon heating, the low melting component of the resins
spreads to cause more zeolite particles to be exposed, which yields higher
antibacterial activity on the substrate. Valyi discloses that thermoforming is
a known process for preparing shaped articles. Thus, one of ordinary skill in
the art would have been motivated to solve the problem of obtaining
enhanced bactericidal activity in a resin article by heating it by a known
thermosetting technique, an option within their technical grasp, to expose
more zeolite bactericidal agent on the surface of the resin article.
Appellants contend that "Hagiwara teaches polymers containing
zeolites, but fails to teach thermoforming to improve biocidal metal release.”
(Br. 5.) Appellants further argue that "one of ordinary skill in the art would
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