Appeal No. 1997-1513
Application No. 08/249,736
findings of the examiner in her answer, Ogino's structural
formula (I) generically includes the identical disazo dyes
represented by appellants' structural formula (I); appellants'
group [A] disazo dyes represented by appellants' structural
formula (II); and appellants' group [B] trisazo dyes which are
represented by appellants' structural formula (III), as
defined in the appealed claims. Further, with respect to the
organic dyes defined as appellants' group [C], Ogino discloses
each of the 11 members of this group. See Ogino at page 7,
lines 18 through 46.
In their reply brief at pages 4 and 5, appellants argue
that there is no motivation in Ogino that would have directed
those skilled in the art to the specific combination of dyes
as claimed which achieve the objects of appellants' invention,
i.e., dyes which provide for a polarizing film having
excellent polarizing activity which causes no discoloration or
deterioration of polarizing activities under high temperature
and high humidity conditions, and causes no light to break
through the "cross state" over the visible wave length region,
particularly from 400-700 nanometers. Based on this argument,
appellants apparently believe that the appealed claims are
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