Appeal No. 95-4826
Application 08/141,752
sulfonation at any position (3, 4, 5 or 6) and is not limited to
the 4 position. The examiner has pointed out in his answer that
the sulfonic acid groups impart water solubility to the dyes, and
that further sulfonic acid substitution would be expected to
gradually vary the solubility of these dyes. Both Austin and
Friedrich teach the sulfonation of the pendent phenyl at the 2
position as is set forth in the appealed claims. Austin clearly
teaches in column 1, lines 48-56 the desirability of additional
sulfonate groups on the pendent phenyl group thereby generically
disclosing sulfonation at any of the 3, 4, 5 or 6 positions.
Austin's teaching renders it prima facie obvious to sulfonate any
of the noted positions of the pendent phenyl group.
Appellants contend that the present invention "exhibits
significant unexpected benefits which are more than sufficient to
overcome such a prima facie case." It is urged that the dyes
according to the invention have marked water solubility while
retaining laser efficiency. We agree with the examiner, however,
that although appellants allege superior and unexpected results,
no evidence has been presented of any comparison of appellants
dyes with those of the closest prior art, e.g., the dyes
disclosed by Austin and by Friedrich. Accordingly, it is our
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