Ex Parte Malhotra - Page 5



          Appeal No. 2005-0581                                                        
          Application No. 10/228,124                                                  

               Appellant also contends that Miyabe "does not teach or                 
          suggest the use of additives that would enhance ink drying upon             
          exposure of the ink to microwave radiation" (page 13 of principal           
          brief, second paragraph, last sentence).  However, we find such a           
          teaching unnecessary for a finding of obviousness since a fair              
          interpretation of Miyabe is that any known ink drying agent would           
          be a suitable candidate for the coating layer.  Only a reasonable           
          expectation of success is required for a finding of obviousness             
          under § 103, and appellant has not advanced a line of reasoning             
          which explains why one of ordinary skill in the art would have              
          been dissuaded from selecting an ink drying agent that would                
          enhance drying upon exposure to microwave radiation.                        
               We are also not persuaded by appellant's argument that                 
          Isganitis teaches that proline is suitable for use as an ink                
          additive rather than as an additive to the coating upon which the           
          ink is printed (page 13 of principal brief, last paragraph).                
          Appellant's argument misses the point that it is Miyabe that                
          teaches the inclusion of an ink drying agent in the coating layer           
          which receives an ink image.  Also, contrary to another argument            
          of appellant, Isganitis does not teach that proline is useful as            
          a drying agent only when the ink image is exposed to microwave              
          radiation.  Since appellant and Isganitis share the same                    

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