Appeal No. 1997-3189
Application 08/592,898
a prima facie case of obviousness of appellants’ claimed
invention.
Balliello teaches that the dyes are useful for dying wool
and polyamides and can be in the form of a mixture of dyes
including formazan dyes (col. 1, lines 9-12 and 29-60).
Geigy ‘464 teaches that the disclosed formazan dyes are useful
for dying wool and polyamides (page 4, lines 47-50), and that
compared to previously known copper complexes which contain one
metal atom per mole of formazan dyestuff, they dye mixtures of
different qualities of wool more evenly and in shades which have
better light fastness (page 4, lines 59-62). This teaching that
the Geigy ‘464 formazan dyes are used for the same purpose as the
Balliello dyes and provide an improvement relative to previously
known formazan dyes would have fairly suggested, to one of
ordinary skill in the art, use of the Geigy ‘464 dyes as the
formazan dyes in the Balliello mixtures.
Geigy ‘464 exemplifies 80 dyes, two of which, as discussed
above, fall within the scope of formula 8 of appellants’
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