Appeal No. 95-3783
Application 08/034,917
Nagai 5,013,634 May 7, 1991
Appellants’ claimed invention is directed to a recording
sheet comprising a base sheet and a phosphonium compound of the
recited formula. The claimed sheet finds utility as a receiving
element for printed images.
Appellants present separate arguments for patentability for
claims 2 and 3. Accordingly, with the exception of claims 2 and
3, all the appealed claims stand or fall together. In re Wood,
582 F.2d 638, 642, 199 USPQ 137, 140 (CCPA 1978); Ex parte
Schier, 21 USPQ2d 1016, 1017-19 (Bd. Pat. App. & Int. 1991). See
also 37 CFR § 1.192(c)(7) and (c)(8) (1995).
Appealed claims 1-3, 5-14, 16-22, 25 and 26 stand rejected
under 35 U.S.C. § 112, first paragraph. Claims 1-3, 5-7 and 25 2
stand rejected under 35 U.S.C. § 102(b) as being anticipated by
the admitted state of the art found in the present specification.
In addition, claims 1, 3, 5, 6, 8-10 and 25 stand rejected under
35 U.S.C. § 102(b) as being anticipated by or, in the
alternative, under 35 U.S.C. § 103 as being unpatentable over
Nagai.
2We consider the examiner’s statement of the rejection at
page 2 of the Answer as under 35 U.S.C. § 103 to be harmless,
inadvertent error.
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