Appeal No. 1996-0740
Application No. 08/107,146
Declaration compares a dye according to the present invention
with a dye of Example 4 of Ciba, where the only difference is a
hydroxy or amino substituent on the pyrazole moiety, and
demonstrates that the dye of the present invention has better
build-up when applied to cotton over a variety of
concentrations, and surprisingly has much higher solubility in
Glaubers salt solution. In addition, the Declaration of Dr.
Ebenezer of August 21, 1995 states that the results of the the
Brierley and Butterworth Declarations are surprising and
unexpected.
In discounting the probative value of appellants'
declaration evidence, the examiner offers that (1) the
declarations are not commensurate in scope with the claimed
subject matter, (2) all the compounds of the pertinent prior
art have not been compared and (3) the comparison of two
claimed compounds is insufficient to demonstrate that the
claimed class of compounds, as a whole, would have the
property demonstrated (see page 5 of Answer). In addition,
the examiner offers that:
The differences in properties shown i.e. the
difference are somewhat different but are not
surprising or unexpected nor do any of the
Declarants assert that the differences are
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