Ex Parte TAN et al - Page 2




          Appeal No. 2002-1551                                                        
          Application No. 09/286,386                                                  


               (b) a carrier for said pigment or dye selected from the                
          group consisting of aqueous solutions and water soluble,                    
          dispersible or emulsifiable binders; and                                    
               (c) a water repelling agent dispersed in the carrier (b) in            
          an amount sufficient to render the ink water proof once dried,              
          wherein the water soluble, dispersible or emulsifiable pigment or           
          dye is selected from thermochromic, photochromic and fluorescent            
          pigments and dyes.                                                          
               In the rejection of the appealed claims, the examiner relies           
          upon the following references:                                              
          Hwang                         4,269,627             May  26, 1981           
          Amon et al. (Amon)            5,630,869             May  20, 1997           
          Halbrook, Jr. et al.          5,883,043             Mar. 16, 1999           
          (Halbrook)                                  (filed Aug. 27, 1997)           
               Appellants' claimed invention is directed to a security                
          printing ink that is water proof when dried.  The ink comprises a           
          pigment or dye, a carrier for the pigment or dye, and a water               
          repelling agent which renders the ink water proof when dried.               
          The pigment or dye is thermochromic, photochromic or fluorescent.           
          According to appellants, the ink provides a security feature                
          which "permits the printing of latent images that are revealed              
          with a change in ambient conditions such as light and                       
          temperature" (page 2 of principal brief, fourth paragraph).                 
               All the appealed claims stand rejected under the judicially            
          created doctrine of obviousness-type double patenting over                  
          claims 1-23 of U.S. Patent No. 5,883,043.  Also, all the appealed           


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