Ex parte FRIES et al. - Page 4




               Appeal No. 1997-3643                                                                                                
               Application No. 08/484,047                                                                                          


               reverse the rejection.                                                                                              

                       As discussed in detail below, the prior art fails to teach or suggest appellants’ claimed printing          

               inks, processes for making printing inks and processes for printing on a substrate.  As recognized by the           

               examiner, appellants’ independent claims require the employment of an alkyd resin prepared from an                  

               unsaturated fatty acid having an iodine number from 120 to 190 and that the alkyd resin has a hydroxyl              

               number from 40 to 260 and an acid number of less than 11.  Yet, the prior art relied upon by the                    

               examiner fails to teach or suggest preparing such an alkyd resin and combining it with a phenolic resin-            

               modified rosin to form a binder for a printing ink.  As the prior art fails to teach or suggest such an             

               alkyd resin for a printing ink binder, the examiner has failed to establish that the references form a              

               prima facie case of obviousness for the subject matter defined by the appealed claims.                              



                                                          The Prior Art                                                            

                       Savageau, U.S. Patent No. 3,772,171                                                                         

                       Savageau relates to a novel quick setting ink containing photosensitizers.  The quick-setting inks          

               normally comprises a colorant and a vehicle containing an oil or oil-derived alkyd, a solvent and a resin.          

               (Savageau, col. 1, lines 22-24).  The oil or alkyd may be present in the composition in an amount                   

               ranging from 10 to 40 percent by weight and the resin may be present in an amount ranging from 10 to                

               60 percent by weight.  (Savageau, col. 2, lines 20-28).  The resins which may be used in quick setting              


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