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Ex Parte MALHOTRA - Page 15
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Board of Patent Appeals and Interferences > 2003 > Ex Parte MALHOTRA - Page 15
Appeal No. 2002-0699
Application No. 09/401,740
To remedy the deficiency in Breton ‘670, the examiner relies
on the disclosure of Takazawa. See the Answer, page 13.
Takazawa, however, teaches using diethyl phthalate as a softening
agent for a solid ink composition used in a pressure-sensitive
transfer ink ribbon or as a viscosity adjusting agent for a
liquid ink composition used in, e.g., fabric ink ribbons. See
column 7, lines 2-36 and column 9, lines 40-49. There is nothing
in Takazawa which indicates that diethyl phthalate is useful for
a hot melt ink composition used in acoustic ink jet printing.
See Takazawa in its entirety. Nor does Takazawa indicate that
its diethyl phthalate is useful for imparting the desired
acoustic-loss value and haze value to the ink composition of the
type described in Breton ‘670.
Since Ball and Fujioka are not relied upon to remedy the
deficiencies indicated supra, we concur with the appellant that
the examiner has not provided sufficient evidence to demonstrate
that the claimed subject matter as a whole would have been
obvious to one of ordinary skill in the art. Accordingly, we
reverse the examiner’s decision rejecting claims 1 through 5, 7
through 9, 13 and 18 through 20 under 35 U.S.C. § 103.
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Last modified: November 3, 2007
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