Appeal No. 2003-1740
Application No. 09/801,301
Appellants also maintain that "[t]he state of the art,
particularly as shown in Gago, indicates that seeds are colored
using aqueous systems" (page 5 of Brief, second paragraph),
whereas "[a]ll of the coating systems in Bäbler are based on
organic systems" (id.). In response, the examiner states that
"Bäbler does in fact teach a coloring agent that is suitable for
aqueous pigment preparations (Babler Col. 1 lone [sic, lines]
12-13, Col. 6, line 4, and Col. 4, line [sic, lines] 53-55)"
(page 5 of Answer, second paragraph). However, the Bäbler
disclosure at column 1, lines 12-13 refers to prior art, not the
Bäbler composition, and the disclosure at column 6, line 4 does
not mention aqueous systems. Also, the disclosure at column 4,
lines 53-55 pertains to how the pigment compositions are made,
not how they are applied in aqueous system.
The Gago disclosure cited by the examiner for other features
of the appealed claims does not remedy the basic deficiency
discussed above for the combination of Bäbler and Schmidt.
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