Appeal No. 2007-0218
Application No. 10/730,143
(¶ 0013), where R1, R3, R6 and R8 are “preferably a primary alkyl group
having 1-20 carbon atoms, a secondary alkyl group having 3-20 carbon
atoms, or a tertiary alkyl group having 4-20 carbon atoms” (¶ 0029).
Yoshioka teaches that such compounds are “preferred because of their
higher heat-developability” (¶ 0027).
Yoshioka discloses exemplary compounds within each of formulas
(R-1), (R-2), and (R-3) of claim 1: compounds (I-3) and (I-4) on page 7 of
Yoshioka are within formula (R-1), compound (I-12) on page 8 of Yoshioka
is within formula (R-2), and compound (I-10) on page 7 of Yoshioka is
within formula (R-3). Based on the teachings of Yoshikawa and Suzuki, we
agree with the Examiner that a skilled artisan would have found it obvious to
include two compounds within formula (I) of Yoshikawa, including a
compound of formula (R-1) and a compound of either formula (R-2) or
(R-3), as reducing agents in the composition of Toya 126.
Appellant argues that “none of the cited references teach or suggest
the use of two different orthobisphenol reducing agents in combination.”
(Br. 12.) In particular, Appellant argues that Yoshioka “neither teaches nor
suggests the use of bisphenols in any combination.” (Br. 15 (emphasis
omitted).)
In addition, Appellant states that “Suzuki refers to as a specific
example the use of two reducing agents in mixture, namely 2,4-dialkyl
substituted orthobisphenols and 2,6-dialkyl substituted parabisphenols,” but
argues that “this combination does not correspond to the combination recited
in the present claim 1 . . . because Suzuki discloses a mixture of
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