Ex Parte MALHOTRA - Page 14




              Appeal No. 1998-0189                                                                                          
              Application 08/196,933                                                                                        



                     (2) The examiner and appellant should reconsider the patentability of claim 6 in                       
              light of combined teachings of JP’279 and Sugiyama7.                                                          
                     In view of the disclosure at page 79, lines 6-15, of the instant specification, the                    
              term “quaternary acrylic copolymer latex” recited in claim 6 is interpreted by this merits                    
              panel to refer to acrylic copolymer latexes that comprise a quaternary ammonium                               
              moiety.                                                                                                       
                     As set forth in finding 15,  JP’279 describes an ink jet recording medium that                         
              comprises 1-methyl-5-mercapto tetrazole.  Claim 6 recites that the active compound can                        
              be a “tetrazole.”  JP’279 further teaches that if the water-resistance of the ink image on                    
              the recording medium needs to be enhanced,  the recording medium can comprise a                               
              cationic resin.  The cationic resin includes polymers comprising a quaternary                                 
              ammonium moiety.  Translation, page 8, lines 7-9, and page 8, line 23, through page 9,                        
              line 11.                                                                                                      
                     Sugiyama describes an ink jet recording sheet that comprises a basic polymer                           
              latex.  The polymer latex includes quaternary ammonium-containing acrylic copolymers.                         
              Column 4, lines 22-41, and 60-65; column 7, line 26, through column 8, line 25; and for                       
              example,  polymers (4),  (5),  (7), and (8), at columns 8 through 9.  Sugiyama teaches                        
              that since the basic polymer latex is insoluble in water and has a strong mordanting                          

                     7Sugiyama is cited on the form PTO-1449 filed Oct. 31, 1994, attached to Paper                         
              No. 4.                                                                                                        
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