Appeal No. 1998-0189
Application 08/196,933
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1
through 4, 7, 8, 10, 13, 14, 41, and 42.2
Claims 1 and 14 are illustrative of the subject matter on appeal and read as
follows:3
1. A recording sheet for receiving printed images which comprises a substrate
and an image receiving coating situated on at least one surface of the substrate, said
entire image receiving coating comprising an additive material selected from the group
consisting of purine compounds, pyrimidine compounds, benzimidazole compounds,
imidazolidine compounds, urazole compounds, pyrazole compounds, triazole
compounds of the formula
2The examiner required appellant under 35 U.S.C. § 121 to elect an ultimate
species. Paper No. 10, mailed Oct. 4, 1995, page 1, paragraph 1. Appellant elected 2-
aminopyrimidine for the active material, and the substrate of transparent polymeric
material. See Paper No. 10, page 1, paragraph 2. (The examiner indicated that
appellant elected 2-amidopyrimidine. However, this is a typographic error, because in a
previous election, the appellant elected 2-aminopyrimidine (Paper No. 3, filed Nov. 8,
1994, page 2, first full paragraph); and the claims do not recite 2-amidopyrimidine.)
Claims 5, 9, 11, 12 and 16 through 34 were withdrawn from consideration because they
did not read on the elected species. Appellant “confirmed” the election in Paper No. 11,
filed Jan. 5, 1996, page 3, lines 26-29.
Claims 6 and 15 have been allowed. See Paper No. 18, mailed Feb. 4, 1997,
page 3, paragraph 8.
3The Appeal Brief appendix version of claims 1, 2, 41, and 42 appears to be in
error. The record copy of claims 1, 2, 41 and 42 do not recite the phrase “are hydrogen,
alkyl, substituted alkyl, amino, mercaptyl, carboxyl, hydrazinyl, aryl, or substituted aryl,”
but recite “are hydrogen, alkyl, mercapto alkyl, amino, mercaptyl, carboxyl, hydrazinyl,
or aryl.” See Paper No. 15, filed May 17, 1996.
2
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