Appeal No. 95-3783
Application 08/034,917
images,” we concur with the examiner that filter paper and
plastic sheets or bags coated with the phosphonium compounds may
receive a printed image.
We will also sustain the examiner’s rejection of claims 1,
3, 5, 6, 8-10 and 25 under 35 U.S.C. § 102(b) or, in the
alternative, under 35 U.S.C. § 103 over Nagai. Appellants do not
dispute the examiner’s factual determination that Nagai discloses
a recording medium comprising the claimed phosphonium compounds
on a base. Nor do appellants dispute that the quantities of
phosphonium compound recited in some of the appealed claims
overlap the amounts disclosed by Nagai. Consequently, since
Nagai discloses a recording sheet comprising the claimed
phosphonium compounds on a base, it necessarily follows that the
recording medium of Nagai is capable of receiving printed images,
although Nagai only discloses the recording of optical
information. We are not persuaded by appellants’ argument that
Nagai is non-analogous art since, as noted, it is reasonable to
conclude that the recording sheet of Nagai is fully capable of
receiving a printed image, and appellants have advanced no
argument or objective evidence to the contrary. The non-
analogous art argument is particularly irrelevant since we find
that Nagai describes the claimed recording sheet within the
meaning of § 102.
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