Appeal No. 96-0767
Application 08/136,439
1971). We agree with appellants that claim 7 describes the
formulating agents with a reasonable degree of precision and
particularity. We also agree with appellants that, for the
reasons set forth in their briefs,
one skilled in the art would readily understand that the term
"average molecular weight" as used by appellants refers to number
average molecular weight.
We have carefully reviewed the disclosure of Scriven, and we
agree with appellants that Scriven does not disclose or suggest
the claimed pigment preparations comprising the particular
oligourethane formulating agent and 2 to 20 ml of pigment per 100
gram of pigment preparation. It is well established that for an
invention to be obvious in view of a reference, something in the
art taken as a whole, other than the applicant's disclosure, must
suggest the invention. In re Dow Chem. Co., 837 F.2d 469, 473,
5 USPQ2d 1529, 1532 (Fed. Cir. 1988). The mere fact that the
Scriven disclosure could be modified, using appellants' claim 7
as a guide, to provide the claimed oligourethane would not have
made the claimed pigment preparations obvious under 35 U.S.C.
§ 103.
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