Appeal No. 2004-2257
Application No. 09/841,486
polymer useful for end uses different from that described in
Suzuki. See the Answer in its entirety. We note that Suzuki, on
the one hand, is directed to producing resin foams useful for
making foam sheets, foamed blow-molded articles and foamed pipes
as indicated supra. On the other hand, we note that Arai and
Fujita are directed to forming an ink receptive layer for a
recording medium and ultrafine fibers, respectively. See the
abstracts of Arai and Fujita. In the third place, as indicated
supra, the examiner has not explained why one of ordinary skill
in the art would have been led to employ the claimed proportion
of a hydrophilic thermoplastic resin desirable for a recording
medium in forming Suzuki’s resin foams.
Thus, on this record, we concur with the appellants that the
examiner has failed to establish a prima facie case of
obviousness. Accordingly, we reverse the examiner’s decision
rejecting claims 10 and 11 under 35 U.S.C. § 103.
REMAND
We note that Arai is the closest prior art. Arai teaches
(column 4, lines 11-30) that:
The present inventors have studied intensively in
order to overcome such drawbacks of the prior art and
consequently found that use of a mixture of polymers
with different properties relative to moisture, namely
formation of an ink receiving layer by mixing Polymer A
8
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