Ex Parte Scheibli et al - Page 5




          Appeal No. 2004-1067                                                        
          Application No. 09/773,292                                                  


          presented in the answer, the appellants’ argument regarding                 
          dependent claim 26 is likewise not persuasive.                              
               Finally, we discern no convincing merit in the appellants’             
          position that “[p]atentee neither teaches nor suggests that blue            
          reactive dyes of the specific formula (2) [i.e., which is recited           
          in claim 25 and which corresponds to Luttringer’s formula (7)]              
          are compatible with blue reactive dyes of the specific formula              
          (3) [i.e., which is recited in claim 25 and which corresponds to            
          Luttringer’s formula (5)]” (brief, page 10, last paragraph).  We            
          agree completely with the examiner’s well taken point (see the              
          first full paragraph on page 7 of the answer) that patentee’s               
          above discussed disclosure concerning the use of at least one of            
          formula (5), (6) or (7) would have suggested the compatibility of           
          all these dyes with one another.                                            














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