Appeal No. 1998-0189
Application 08/196,933
power for the dye in an aqueous ink, the water resistance properties of the images
formed by ink jet recording are excellent. In other words, when recorded images are
splashed with water, or immersed in water for a long period of time, the images are not
affected. Column 3, lines 59-64. This is the property sought by JP’279.
The examiner should determine whether the subject mater recited in claim 6 as a
whole would have been obvious at the time the invention was made to a person having
ordinary skill in the art to which this subject matter pertains over the combined teachings
of JP’279 and Sugiyama.
SUMMARY
Rejections (1) through (6) are reversed. We have entered a new ground of
rejection of claims 1-4, 7, 10, 13, 41, and 42 under the provisions of 37 C.F.R.
§ 1.196(b). We have raised other issues for the examiner and the appellant to consider
in the event of further prosecution.
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 1.196(b) (amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131,
53,197 (Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63,122 (Oct. 21,
1997)). 37 C.F.R. § 1.196(b) provides that, “A new ground of rejection shall not be
considered final for purposes of judicial review.”
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