Appeal No. 1997-3189
Application 08/592,898
suggested, to one of ordinary skill in the art, using formazan
dyes in combination with Balliello’s dyes falling within
appellants’ formulas.
Appellants argue that Bird indicates that one of ordinary
skill in the art would have been aware that dyes should be
selected such that their exhaustion and migration rates are
nearly the same and there is a high degree of compatibility of
the dyes (brief, pages 8-9). Bird teaches that the dyes in dye
mixtures should be as alike as possible in fastness
characteristics and dying behavior so they exhaust at the same
rate such that as the dyed garment fades, it becomes paler
without changing hue (page 79). In the present case, the
teachings that Balliello’s dyes which fall within appellants’
formulas are useful in admixture with formazan dyes, and the
teachings that both Balliello’s dyes and those of Geigy ‘464 are
useful for dying the same materials, i.e., wool and polyamides,
would have provided one of ordinary skill in the art with a
reasonable expectation that the dyeing characteristics of
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