Appeal No. 95-2830
Application No. 07/967,617
In contrast the non-equivalent Z function of Yokogawa is an
external fiber reactive group free of chromophoric groups.
Moreover, Pedrazzi does not suggest that the internal triazine
bridge performs a fiber reactive function. Nor does Pedrazzi
suggest what function, if any, is performed by either the
presence or absence of the Y NR- bridge.
1
In determining the propriety of the examiner's case for
prima facie obviousness, it is necessary to ascertain whether
the prior art teachings would appear to be sufficient to one
of ordinary skill in the art to suggest making the proposed
substitution or other modification. See In re Lalu 747 F.2d
703, 705, 223 USPQ 1257, 1258 (Fed. Cir. 1984) and In re Mayne
104 F.3d 1339, 1342 41 USPQ2d 1451, 1454 (Fed. Cir. 1997).
Based on our analysis supra, we do not find sufficient reason
why the person having ordinary skill in the art would have
been motivated to remove the W-NR - bridge from the dioxazine
2
compound taught by Yokogawa. Accordingly, the examiner's
rejection of claims 1, 2, 5 through 9, 11 and 12 under 35
U.S.C. § 103 as unpatentable over Yokogawa in view of Pedrazzi
is reversed.
REMAND TO THE EXAMINER
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