Appeal No. 97-0222
Application 08/115,561
in view of the Hunt disclosure to successfully realize the
claimed invention of employing an aqueous ink, printed with an
ink jet, onto an adhesive surface. Inasmuch as the examiner has
not presented countervailing evidence in the form of prior art or
scientific reasoning relevant to why one of ordinary skill in the
art would have expected an aqueous ink image produced by an ink
jet to be effectively printed on an adhesive surface, we must
conclude that the evidence of nonobviousness proffered by
appellants outweighs the evidence of obviousness presented by the
examiner. Consequently, the examiner’s § 103 rejections of the
appealed claims are reversed.
In conclusion, based on the foregoing, the examiner’s double
patenting rejection of the appealed claims is affirmed. The
examiner’s rejections under 35 U.S.C. § 103 are reversed. The
examiner’s decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in connec-
tion with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
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CAMERON WEIFFENBACH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
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