Appeal No. 96-0700
Application No. 08/153,550
The examiner relies upon the following references as
evidence of obviousness:
Hein et al. (Hein) 2,985,661 May 23, 1961
Christmann et al. (Christmann) 3,538,095 Nov. 3, 1970
Hine, "Quantitative Correlations of Rates and Equilibria,
Physical Organic Chemistry 85-87 and 99 (1962).
Appellants' claimed invention is directed to a process for
preparing a fluorescent yellow pigment of the recited formula.
The process involves reacting tetrachlorophthalic anhydride with
a diaminobenzyl compound, such as o-phenylenediamine, in the
presence of either acetic acid or propionic acid as a solvent.
Appellants submit at page 3 of the Brief that appealed
claims 1-3, 14 and 15 stand or fall together.
Appealed claims 1-3, 14 and 15 stand rejected under
35 U.S.C. § 103 as being unpatentable over Christmann, taken
alone, or in combination with Hein.
We have thoroughly reviewed each of appellants' arguments
for patentability, as well as the declaration and reference
evidence relied upon in support thereof. However, we fully
concur with the examiner that the claimed subject matter would
have been prima facie obvious to one of ordinary skill in the art
within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the examiner's rejection for
essentially those reasons expressed in the Answer.
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