Ex parte FRIES et al. - Page 2




               Appeal No. 1997-3643                                                                                                
               Application No. 08/484,047                                                                                          


                       We reverse the rejection of the examiner and enter a new ground of rejection pursuant to 37                 

               CFR § 1.196(b) as to claims 6-14 under the second paragraph of 35 U.S.C. § 112.                                     



                                                          The Invention                                                            

                       The appellant's invention relates to a printing ink containing a binder, a process for preparing a          

               printing ink and a process for printing a substrate.  (See claims 1, 6 and 11).  A copy of the claims               

               under appeal is set forth in the appendix to the appellant's brief.  Claim 1 is illustrative of the invention       

               and reads as follows:                                                                                               


               1.      A printing ink containing as a binder                                                                       

               A) a phenolic resin-modified rosin in a proportion of 60 to 90% by weight and                                       

               B) and alkyd resin in a proportion of 10 to 40% by weight, the sum of A) and B) giving 100% by                      
               weight and the alkyd resin having been prepared from                                                                

                       a) an unsaturated fatty acid having 6 to 20 carbon atoms or a mixture of such acids or their                
               triglycerides;                                                                                                      

                       b) a polyol, and                                                                                            

                       c) a dicarboxylic acid or anhydride thereof, said unsaturated fatty acid having an iodine number            
               of from 120 to 190 (g of I /100g) and the alkyd resin having a hydroxyl number of from 40 to 260 (mg                
                                         2                                                                                         
               KOH/g) of resin and an acid number less than 11.                                                                    

                       As with claim 1, we note that independent claims 6 and 11, while directed to processes for                  

               making a printing ink and a process for printing on a substrate, require an alkyd resin prepared from an            

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