Appeal No. 1997-1053
Application No. 08/432,291
l. 33, discloses that certain phthalocyanine pigments transmit
visible light of the green wavelength at about 490 nanometers;
and (3) Example 3 of Tam shows imaging of the migration
element with a uniform exposure with light of 490 nanometers
and the imagewise exposure with infrared light of 780
nanometers (Answer, pages 3-5). The examiner concludes that,
based on the facts above, the worker of ordinary skill in the
art would have been led to use a source of light encompassing
both wavelengths in which one of the exposures could be
filtered out instead of using two different sources of light
at different wavelengths as disclosed by Tam (Answer, pages 4-
5).
Appellants submit that the filter recited in the claims
on appeal results in many advantages, including little or no
absorption of radiation by the infrared or red light sensitive
pigment at the wavelength employed to expose the migration
marking material (Brief, page 5). Appellants argue that
nothing in the cited art teaches or suggests that the uniform
exposure of the migration marking material to radiation should
be carried out through an infrared or red light sensitive
filter (Brief, page 10). We agree.
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