Appeal No. 2004-1067
Application No. 09/773,292
particular dye formulae are set forth in representative
independent claim 25. A copy of this claim taken from the
appellants’ brief is appended to this decision.
The reference set forth below is relied upon by the examiner
as evidence of obviousness:
Luttringer et al. (Luttringer) 5,071,442 Dec. 10, 1991
Claims 25-28 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Luttringer.1
We refer to the brief and to the answer for a complete
discussion of the opposing viewpoints expressed by the appellants
and by the examiner concerning the above noted rejection.
OPINION
We are in complete agreement with the findings of fact,
conclusions at law and rebuttals to argument expressed by the
examiner in her answer. Accordingly, we hereby adopt these
findings, conclusions and rebuttals as our own. We add the
following comments for emphasis only.
The examiner has found (e.g., see page 3 of the answer) and
the appellants have conceded (e.g., see page 6 of the brief) that
1As indicated on page 4 of the brief, the appealed claims
have been grouped and argued separately. Therefore, in assessing
the merits of the rejection before us, we have individually
considered each of the appealed claims.
2
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