Ex parte CHOPIN et al. - Page 2




          Appeal No. 1998-2288                                                        
          Application 08/600,150                                                      


               According to appellants, the invention is directed to a                
          pigmented composition devoid of toxic metals including a                    
          substance to be colored and a coloring effective amount of the              
          pigment of formula (I)(Brief, pages 3-4).  A copy of                        
          illustrative claim 52 is attached as an Appendix to this                    
          decision.                                                                   
               The examiner has relied upon the following references as               
          evidence of obviousness:                                                    
          Bryson                          3,663,245          May  16,                 
          1972                                                                        
          Wanmaker et al. (Wanmaker)      3,793,046          Feb. 19,                 
          1974                                                                        
          Borrelli et al. (Borrelli)      4,832,724          May  23,                 
          1989                                                                        
          Lafon et al. (Lafon)            5,118,659          Jun.  2,                 
          1992                                                                        
          Joyce et al. (Joyce)            5,228,910          Jul. 20,                 
          1993                                                                        
          Katz et al. (Katz)              5,268,337          Dec.  7,                 
          1993                                                                        
          Kinsman et al. (Kinsman)      WO 89/02871          Apr.  6,                 
          1989                                                                        
          (Published International Application)2                                      
          Wu                            WO 89/08335          Sep.  8,                 
          1989                                                                        

               2We note that Kinsman was cited by the examiner as prior art relied upon in the
          rejection of the claims on appeal (Answer, page 3) but was not applied in any rejection
          (Answer, pages 4-6).  Kinsman was applied against process claims 19-27 in a rejection
          under section 103 in the Final Rejection dated Jan. 22, 1997, Paper No. 24, page 5,
          paragraph 6.  However, all claims to the process have been cancelled by the amendment of
          Paper No. 26.                                                               
                                          2                                           




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