Appeal No. 1995-2781
Application No. 07/804,868
specific solvents with the calculated logP required by claims
1 and 33 to be used in the system disclosed by Sakaguchi.
Both Sakaguchi and Otani are silent as to the calculated logP
of their solvents. The rejection of claims 1-8, 10-13, 16,
33-40, 42-45, 48 and 49 under 35 U.S.C. § 103 over the
combination of Sakaguchi and Otani is reversed.
4. The § 103 rejection over JP’645 and Otani
Claims 1-8, 10-13, 16, 33-40, 42-45, 48 and 49 are
rejected under 35 U.S.C. § 103 over the combination of JP’645
and Otani.
JP’645 and Otani are described above. According to the
Examiner, JP’645 teaches the transfer of dye images is
improved by using benzamide derivative thermal solvents,
however, esters of benzoic acid thermal solvents are not
shown. Otani teaches esters of benzoic acid are known as
thermal solvents. The Examiner asserts that it would have
been obvious to substitute the benzonic acid esters of Otani
for the benzamide esters of JP’645 with a reasonable
expectation that these compounds would provide comparable
results as thermal solvents. (Examiner’s Answer, pages 6,
second paragraph). The Examiner has not directed us to a
basis to combine the solvents of the references and to select
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