Appeal No. 1997-1513
Application No. 08/249,736
we have not construed appellants' claims as inherently limited
to polarizing films having all the characteristics and
properties attributed to them by appellants. With respect to
the comparison set forth in the declaration of record, the
examiner correctly points out that the dye "recipes" compared
are not the dye "recipes" suggested by the primary reference.
In this regard, the comparative showings in the declaration
all involve comparisons of various organic dyes with other
known direct dyes which are not even identified or described
by their chemical formula. In contrast, Ogino describes the
individual use of dyes falling within appellants' alkoxide
disazo dyes represented by the claimed formula (I) (See dyes 1
through 8 at pages 10 and 11 of Ogino); dyes falling within
appellants' group [A] disazo dyes (See dyes 9 through 14, 20
and 21 of Ogino at pages 11 and 12; and dyes falling within
appellants' group [B] triazo dyes (See dyes 1 through 29 at
pages 15 through 20 of Ogino).
Upon consideration anew of the evidence of obviousness
relied upon by the examiner, and weighing such evidence of
obviousness against the evidence of nonobviousness relied upon
by appellants, it is our judgement that the evidence of
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