Appeal No. 1997-1508 6
Application No. 08/489,822
The specification is directed to a mass transfer donor element which provides for
specific ratios of fluorocarbon additive to pigment. See page 5, lines 17-22, and page 8,
lines 18-25. We find that the pigments utilized are not limited to a single pigment, but
may include mixture of components. See page 13, lines 1-30. Significantly, the
appellants prepare a “Black Millbase” from a mixture of three pigments. See Example 1,
page 16. Furthermore, in each of the examples, the calculated ratio of fluorocarbon:
pigment is within the scope of the claimed subject mater. Based upon these findings,
adequate basis exists in the specification to conclude that the appellants’ invention
encompasses the “fluorocarbon additive: total pigment weight ratio.” Accordingly, we do
not sustain the rejection.
The Rejection Under Section 102(b)
In order for a claimed invention to be anticipated under 35 U.S.C. § 102(b), all of
the elements of the claim must be found in one reference. Scripps Clinic & Research
Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir.
1991). It is the examiner’s position that, “Taylor discloses a mass transfer element
comprising a substrate having thereon a colorant layer (see page 13) containing at least
one pigment (Scarlet pigment) and a fluorocarbon additive (FC-430), in the recited weight
ratio of fluorocarbon additive: pigment of at least 1:20.” See Answer, page 4. We
disagree.
We find that the lowest ratio of fluorocarbon additive: total pigment ratio disclosed
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