Ex parte TEXTER et al. - Page 10

            Appeal No. 1996-3955                                                                              
            Application 08/170,601                                                                            

            because JP ‘751 discloses the use of thermal solvents to aid                                      
            dye transfer in processes such as that of Texter, where                                           

            alkali insoluble dyes are formed by aqueous development and                                       
            then heat transferred, it would have been obvious to one of                                       
            ordinary skill in the art to use the JP ‘751 thermal solvents                                     
            in the Texter process (answer, page 6).                                                           
                   Appellants’ technical arguments appear to be plausible                                     
            and the examiner has not addressed the specifics of these                                         
            arguments and provided an explanation as to why the arguments                                     
            are wrong, or explained why, in spite of the differences                                          
            argued by appellants between the prior art and appellants’                                        
            element and process, one of ordinary skill in the art would                                       
            have been led by the applied references to appellants’ claimed                                    
            element and process.  The examiner does not discuss the                                           
            teachings of the references as a whole when explaining his                                        
            rejection, and does not specifically address appellants’                                          
            technical reasoning in support of their arguments that the                                        
            teachings of the references as a whole would not have fairly                                      
            suggested appellants’ claimed invention to one of ordinary                                        

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