Appeal No. 96-1957
Application 07/423,472
16).
Contrary to the contention of the examiner (answer, pages 3-4), we find no teaching in
Elliot that would have reasonably suggested to one of ordinary skill in this art that Leveller N-RŪ
can be used in an alkaline solution for the specific purpose of pretreating treated wool prior to
dyeing with acid dyes in an acid medium. As appellant points out (main brief, pages 10-12 and
3
14-15), the single disclosure of an alkaline pH with respect to Leveller N-RŪ in Elliot (col. 1,
lines 59 to 62) is not repeated elsewhere in this reference vis-ā-vis the use of this auxiliary in the
pretreatment step which requires an acid pH range as we noted above. We observe that an
alkaline pH range is not disclosed in any respect in Elliot’s teaching that the AlbegalŪ amphoteric
surfactant auxiliaries can be used in place of Leveller N-RŪ in the pretreatment step (e.g., col. 2,
lines 5-10). Indeed, the only disclosure of an alkaline treatment involved with the dyeing
processes of Elliot is with respect to the completion of the reaction of the wool fiber with the fiber
reactive dyes in the acid dye bath and the removal of unreacted dyestuff (e.g., col. 18, lines 3-6,
and col. 19, lines 51-54). Thus, in considering the import of the disclosure in Elliot relied on by
the examiner within the context of that reference as it would have been interpreted by one of
ordinary skill in this art, we conclude that such disclosure would not have reasonably suggested to
one of ordinary skill in this art to use Leveller N-RŪ or any other amphoteric surfactant in an
alkaline solution to pretreat the treated wool fibers. See In re Salem, 553 F.2d 676, 682-83, 193
USPQ 513, 518 (CCPA 1977).
Even if it could be said that the disclosure in Elliot would have suggested the use of an
alkaline solution for the pretreat-ment step as taught in that reference, we are of the view that
there would have been little, if any, motivation in that suggestion to use an amphoteric surfactant
as the “wetting agent” in Teutelink because of the distinctly different mechanisms involved with
the pretreatment steps of Teutelink and Elliot. Indeed, Teutelink pretreats untreated wool fibers
with an alkaline solution containing a “wetting agent” in order to neutralize the synthetic thickener
of a printing paste that in the neutral to alkaline pH range has a viscosity higher than in the acid
3Appellant contends at page 16 of the main brief that three specific publications are “of record.”
However, these documents were submitted with the amendment of March 2, 1995, (Paper No.
30) which was refused entry by the examiner in the advisory action of March 22, 1995 (Paper No.
32) and were not resubmitted with the main brief. Thus, these documents are not before us.
- 3 -
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007