Appeal No. 1999-0997
Application No. 08/397,141
The instantly claimed compositions, while they also comprise pigment and
cationic polymer, are not homogenous. The specification and claims clearly
define the particles as having a layer of cationic polymer coated on the surface of
the particles. This rather central aspect of the claims is not disclosed by Guillon.
Guillon therefore does not anticipate, and we reverse the rejection under
35 U.S.C. § 102(b).
The examiner also rejected the instant claims for obviousness-type double
patenting over the claims in Guillon. We reverse this rejection as well. As
discussed above, Guillon does not disclose coating pigment particles with a layer
of cationic polymer. The claims in Guillon also do not recite such coated
particles, nor does Guillon suggest pigment particles coated with a layer of
cationic polymer. The examiner has not adequately explained why the instant
claims are obvious over or not patentably distinct from the claims of Guillon.
Therefore, we reverse the double patenting rejection.
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