Ex Parte Malhotra - Page 6



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

          assignee, Xerox Corporation, appellant is in the position of                
          establishing of record that proline is effective as an ink drying           
          agent only when exposed to microwave radiation.  Furthermore,               
          even if this was the case, it would have been obvious for one of            
          ordinary skill in the art to expose the coating of Miyabe to                
          microwave radiation in order to bring about the known ink drying            
          effect.                                                                     
               Appellant also submits that "[a]dditives in inks and                   
          additives in recording sheet coatings have different                        
          requirements, such as compatibility with the other ingredients of           
          the ink or coating" (page 3 of Reply Brief, second paragraph).              
          However, appellant has pointed to no particular property of                 
          proline that would have made it unsuitable for the coating layer            
          of Miyabe.  In our view, one of ordinary skill in the art would             
          have had to resort to only routine experimentation to determine             
          if a known ink drying agent is unsuitable for Miyabe's coating              
          layer.                                                                      
               As a final point, we note that appellant bases no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut the prima facie case of                 
          obviousness established by the examiner.                                    


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