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Ex Parte MALHOTRA - Page 7
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Board of Patent Appeals and Interferences > 2003 > Ex Parte MALHOTRA - Page 7
Appeal No. 2002-0699
Application No. 09/401,740
The appellant does not dispute the examiner’s finding that
the polystyrene described in Takazawa acts as a hardening agent.
Rather, the appellant argues that the nonpolymeric aromatic
compound described in Takazawa is not described as a viscosity
modifier. This argument is not well taken.
As indicated supra, Takazawa discloses its nonpolymeric
aromatic compound, i.e., diethyl phthalate, as a softening agent,
i.e., softens the solid ink composition described by Takazawa.
Thus, implicit in this teaching is that diethyl phthalate affects
or modifies the viscosity of the solid ink composition described
by Takazawa. As such, we find that the broad claim language
“nonpolymeric aromatic viscosity modifier” embraces the diethyl
phthalate softening agent described in Takazawa.
The appellant argues that Takazawa does not teach or suggest
a hot melt ink composition having the functional characteristic
recited in claim 4, i.e., capable of undergoing “a change from a
solid state to a liquid state in a period of no more than about
100 milliseconds” at an unspecified heating temperature. See the
Brief, pages 17-19. We do not agree.
As indicated supra, the solid ink composition described in
Takazawa has a melting temperature which almost entirely overlaps
with the preferred melting temperature of the claimed ink
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Last modified: November 3, 2007
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