Ex Parte PUCKETT et al - Page 4




          Appeal No. 2001-2441                                                        
          Application No. 09/067,923                                                  


          most preferred (40-50 wt%) amounts of wax (specification, page 7,           
          lines 1-2).                                                                 
               Tokunaga’s disclosed resins include many of the resins                 
          disclosed by the appellants as elastomeric resins (specification,           
          page 7, lines 3-13), including polyvinyl chloride, polyvinyl                
          acetate, vinyl chloride-vinyl acetate copolymer, polyethylene,              
          polypropylene, ethylene-vinyl acetate copolymer, styrene-                   
          butadiene rubber, nitrile rubber, polyacrylate rubber and                   
          ethylene-propylene rubber (col. 3, lines 17-29).  Tokunaga’s                
          amount of resin, 0-30 wt%, overlaps the appellants’ preferred               
          range of 5-40 wt% and encompasses the appellants’ particularly              
          preferred range of 10-20 wt% (specification, page 7, lines                  
          13-15).                                                                     
               The appellants disclose about their pigment only that it is            
          preferably light colored, can be white, is present in an amount             
          of 5-80 wt%, preferably 40-50 wt%, of the total dry ingredients             
          in the thermal transfer material, and typically is desired at a             
          high loading of 50 wt% (specification, page 7, lines 20-26;                 
          original claim 4).  The amount of Tokunaga’s extender pigments,             
          0-30 wt%, overlaps the appellants’ range of 5-80 wt%.  Also,                




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