Appeal No. 96-0971
Application 07/888,268
Furthermore, the anthraquinone dyes of Ciba-Geigy differ from those of the claimed subject matter
by a minimum of one carbon atom. Patentee's dyes necessarily contain only one carbon atom between
the sulfonamide nitrogen and the alkoxy groups. In contrast, the corresponding dyes of the claimed
subject matter contain a minimum of two carbon atoms between the sulfonamide nitrogen and the
alkoxy groups. Moreover, the examiner has not explained why it would have been obvious for one of
ordinary skill in the art to substitute appellants’ dyes for those of Ciba-Geigy.
Based upon the above analysis, we have determined that the examiner’s legal conclusion of
obviousness is not supported by the facts. “Where the legal conclusion [of obviousness] is not
supported by the facts it cannot stand.” In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178
(CCPA 1967).
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