Appeal No. 95-2830
Application No. 07/967,617
OPINION
Having carefully considered the evidence of record before
us, we conclude that the examiner has not established a prima
facie case of obviousness within the meaning of 35 U.S.C. §
103. Accordingly, we reverse the examiners decision rejecting
claims 1, 2, 5 through 9, 11, and 12.
We recognize that the Yokogawa patent and the instant
application parallel each other in the preparation of
asymmetric dioxazine compounds. They express the same
preferences for fiber forming groups and rely upon the same
components in the preparation of their dyes. Compare page 4,
line 9 of the Specification through Example 1 with Yokogawa
Column 2, line 13 through Example 1. Example 1 of each
evidences the preparation of asymmetric dioxazine
intermediates alike in every respect including each optional
substituent on the dioxazine and the fiber forming group
attached thereto. The only distinction between them is the
bridging group present in Example 1 of the Yokogawa patent and
absent in Example 1 of the instant application.
In this respect, the examiner, in attempting to establish
the rejection under 35 U.S.C. § 103, relies upon the alleged
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