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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