Appeal No. 1997-1513
Application No. 08/249,736
442, 445, 169 USPQ 423, 426 (CCPA 1971). In this regard,
Ogino's examples describe the individual use of dyes falling
within the classes of dyes required by the appealed claims.
See, e.g., Ogino's example 1 dye, at page 8, which is a group
[A] dye; Ogino's example 2 dye, at page 9, which is a formula
I dye; and Ogino's example 4, at page 13, which is a group [B]
dye. Moreover, respecting appellants' characterization of
Ogino as a prior art reference which is no more than a
"dictionary" of dye chemicals, the examiner accurately points
out in her answer at page 7 that such a prior art "dictionary"
is limited to those dye chemicals which have utility in
forming heat and humidity resistant polarizing films.
Moreover, the examiner specifically found that "all of said
dyes in said dictionary are claimed by the current applicants
for the same utility as disclosed and claimed in the
reference." This factual finding of the examiner has not been
contested by appellants and appears accurate, at least with
respect to appellants' claimed dyes as represented by their
formula (I) dyes; the group [A] dyes; and the group [B]
trisazo dyes.
In light of the foregoing, we agree with the examiner
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007