Ex parte PROVOST - Page 14




          Appeal No. 1998-0889                                                        
          Application 08/006,585                                                      

          supra,  As previously noted, since Otsuka prints directly on the            
          plastic card, the card must have a "prepared writing surface," as           
          broadly claimed.  Claim 3 recites a "permanent water resistant ink"         
          and claim 8 recites "permanent ink."  The oil-based ink in Otsuka is        
          considered to meet these limitations.  In addition, however, it would       
          have been within the level of skill of one of ordinary skill in the         
          art to select the ink for its intended purpose and one of ordinary          
          skill would have been motivated to use a permanent water resistant          
          ink on a card that will be handled frequently so that the card is           
          more durable and does not have to replaced.  A conclusion of                
          obviousness may be made from common knowledge and common sense of the       
          person of ordinary skill in the art without any specific hint or            
          suggestion in a particular reference.  See In re Bozek,                     
          416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).  Claim 3 recites        
          "means for entering a unique card number" and claim 8 recites "means        
          for entry of card specific data."  These limitations do not require         
          that the card number or data be part of the card, as manufactured;          
          compare claim 1, which recites "pre-manufactured plastic cards have a       
          unique card identification affixed to each card."  The unique card          
          number and card specific data can refer to the ID number in                 
          Hakamatsuka and Otsuka which is printed on the card.  For these             

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