Appeal No. 1997-2271
Application 08/588,969
col. 2, line 65 - col. 3, line 9; Komamura ‘422, col. 2, lines
9-14).
The examiner argues that it would have been obvious to
one of ordinary skill in the art to use dyes similar to those
of Kovacs which are capable of forming a tridentate complex
and which have Kovacs’ oxygen atom replaced with the alkoxy
substituent of Komamura ‘092, Bailey and Komamura ‘422, with a
reasonable expectation of achieving a stable complex in the
recording layer as shown by Komamura ‘092, Bailey and
Komamura ‘422 (answer, page 5).
In order for a prima facie case of obviousness of
appellants’ claimed invention to be established, the prior art
must be such that it would have provided one of ordinary skill
in the art with both a suggestion to carry out appellants’
claimed
invention and a reasonable expectation of success in doing so.
See In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529,
-6-6
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