Appeal 2007-2985
Application 010/669,978
1 elevated temperatures the rate of decomposition of such dilute
2 aqueous hydrogen peroxide solutions is greatly accelerated.
3 A large variety of stabilizers have been proposed for use
4 with hydrogen peroxide to deactivate trace catalytic impurities,
5 including stannous salts, ethylene diamine tetraacetic acid and
6 the like.
7 Tsao goes on to state that while stabilizers can be added, for the
8 purpose of the Tsao invention the pH has to be maintained between about 5
9 and about 7—because the solution may come into contact with the eye.
10 Col. 2:33.
11 Additional findings appear in the Discussion section of this opinion.
12
13 E. Principles of law
14 A claimed invention is not patentable if the subject matter of the
15 claimed invention would have been obvious to a person having ordinary skill
16 in the art. 35 U.S.C. § 103(a); KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727,
17 82 USPQ2d 1385 (2007); Graham v. John Deere Co. of Kansas City, 383
18 U.S. 1 (1966).
19 Facts relevant to a determination of obviousness include (1) the scope
20 and content of the prior art, (2) any differences between the claimed
21 invention and the prior art, (3) the level of skill in the art and (4) any
22 relevant objective evidence of obviousness or non-obviousness. KSR,
23 82 USPQ2d at 1389, Graham, 383 U.S. at 17-18.
24 A person having ordinary skill in the art uses known elements and
25 process steps for their intended purpose. Anderson's-Black Rock, Inc. v.
7
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