Ex Parte CHENG et al - Page 15


          Appeal No. 2002-0178                                                        
          Application 09/385,909                                                      

          and stably produce inks using emulsion polymerization.  We                  
          determine that this is sufficient motivation to support a prima             
          facie case, and we therefore affirm the rejection of claims 19              
          and 20.                                                                     

          XIV. The rejection of claim 22 under 35 U.S.C. § 103 over                   
               Tsutsumi in view of Wong ‘043                                          
               Claim 22 recites wherein the ink vehicle is present in a               
          particular amount and the ionic surfactant latex polymer is                 
          present in a particular amount, in which the ink further includes           
          a biocide in a particular amount, a humectant in a particular               
          amount, and a polymeric additive in a particular amount, and a              
          stabilizer additive.  The examiner relies on Wong ‘043 for                  
          utilizing a humectant.                                                      
               We find that Tsutsumi, in column 11 beginning at line 1                
          through line 11, discusses the idea of adding other various                 
          “publicly known additives”, if necessary.  Tsutsumi states that             
          examples of such additives include wetting agents, dispersants,             
          defoaming agents, surface tension regulators, and mildew proofing           
          agents.  We find this sufficient motivation to utilize the                  
          biocide, which can be a mildew proofing agent, and a humectant of           
          Wong ‘043 (which can qualify as a wetting agent), and a                     
          stabilizer.                                                                 
               We thereby affirm this rejection.                                      
          XV. The rejection of claim 29 under 35 U.S.C. § 103 over                    
               Tsutsumi in view of Wong ‘695                                          
               As mentioned, supra, Tsutsumi discusses the use of publicly            
          known additives which can be anionic or nonionic surfactants.               
          See column 11, lines 5-10.  Wong ‘695 discloses such known                  
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