Ex parte MALHOTRA - Page 10




          Appeal No. 96-3946                                                          
          Application No. 08/208,317                                                  


          the percent of binder (absent any optional elements) would be               
          50 to 99.75 or preferably 75 to 97.5 percent.  Thus, the                    
          claimed range of at least 75 percent could be considered to be              
          disclosed.  However, claims 28 and 30 recite a range of at                  
          least about 97 percent, which does not correspond with either               
          calculated range.  Similarly, for the second coating layer,                 
          the microspheres are present in an amount of 0.1 to 10 percent              
          or preferably 0.1 to 3 percent.  Calculating the percent of                 
          binder yields 90 to 99.9                                                    


          percent or preferably 97 to 99.9 percent.  Yet the claimed                  
          percentage is at least about 75 percent in all four claims.                 
          Since at least 75 percent does not even remotely correspond to              
          the calculated ranges, we have to agree that the claimed                    
          ranges are not supported by the original disclosure.                        
               With respect to the obviousness rejections, independent                
          claim 1 requires a recording sheet                                          
               which consists essentially of . . . (2)a first                         
               coating layer which comprises a binder and                             
               microspheres having an average particle diameter of                    
               at least about 1 micron;(3)a second, ink-receiving                     
               coating layer . . . comprising a hydrophilic binder                    
               and microspheres having an average particle diameter                   
               of at least about 1 micron. (emphasis added)                           
                                         10                                           





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007