Appeal No. 1996-0740
Application No. 08/107,146
The examiner relies upon the following references as
evidence of obviousness:
Ciba Ltd. (Ciba) 1,003,786 Sep. 8, 1965
(patent specification)
Benz et al. (Benz) 3,362,949 Jan. 9, 1968
Ackermann et al. (Ackermann) 3,697,500 Oct.10, 1972
Gerlach et al. (Gerlach) 3,988,310 Oct.26, 1976
Appellants' claimed invention is directed to a dye in
accordance with the recited formula. According to appellants,
the claimed dyes are novel and "are characterized by their
good build up on cotton and their fastness to wet treatments
and to light" (page 1 of Brief, 11/05/99). Also, we are told
that [t]he dyes also have surprisingly high solubility in salt
solutions" which "is of advantage in exhaust dyeing where such
solutions are used" (page 1 of Brief, 11/5/99). Appealed
claims 2-6, 8, 9 and 14 stand rejected under 35 U.S.C. § 103
as being unpatentable over Ciba in combination with Benz or
Gerlach or Ackermann.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner, including the
declaration evidence submitted by appellants. In so doing, we
find that the prima facie case of obviousness established by
the examiner has been rebutted by appellants' declaration
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