Appeal No. 1998-1015
Application No. 08/208,912
are told that "[a] feature of the coloring material of the invention is that it exhibits a color
holding temperature within the range of 10-35/C. Thus, either of two colors can be held
at or near ambient temperature." (page 7 of brief).
The present application is a continuation of grandparent application U.S. Serial
No. 07/443, 872, filed November 30, 1989. An appeal was taken to this Board in the
grandparent application on claims which are essentially the same as those presently
before us. In a decision dated November 20, 1992, a merits panel of this Board
sustained the examiner's rejection of the appealed claims under 35 U.S.C. § 103 over
the same prior art now applied to instant independent claim 15.
Appellants submit at page 6 of the brief that "[c]laims 15, 5-9 and 11-13 stand or
fall together". Accordingly, all the appealed claims stand or fall together with
independent claim 15.
Appealed claims 15, 5-9, 11 and 13 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Shibahashi in view of Kito '301 and Kito '565. Claim 12 stands
rejected under 35 U.S.C. § 103 as being unpatentable over the stated combination of
references further in view of Shimizu.
We have thoroughly reviewed each of appellants' arguments for patentability, as
well as the declaration evidence relied on in support thereof. However, for the reasons
set forth by the examiner and articulated in the prior Board decision, we find that the
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