Appeal No. 1998-2288
Application 08/600,150
vehicles (id.). From these findings, the examiner concludes
that “it would have been obvious to have used the notoriously
well known colored mixed metal oxides of Lafon as pigments in
substrates typically colored by metal oxide pigments, since
the secondary references (Choy and Wu) show that the instant
formulae are colored oxides.” Answer, page 7.
Alternatively, the examiner applies Choy, Wu and
Grigenaite to show “that compounds on which the instant
formula reads are known” and applies Lafon to teach the
claimed particle size (Answer, paragraph bridging pages 7-8).
The examiner further applies Joyce, Katz, Bryson, Wanmaker and
Borrelli to show substrates typically colored by other mixed
metal oxides (Answer, pages 7-8). Therefore, the examiner
concludes that it would have been obvious to have used the
notoriously well known colored mixed phase oxides of Choy, Wu
and Grigenaite in substrates typically colored by other mixed
metal oxides, as shown by Joyce, Katz, Bryson, Wanmaker and
Borrelli, and in the particle sizes of Lafon (Answer, page 8).
We disagree with both of the examiner’s rationales. The
examiner and appellants agree that Lafon fails to disclose or
suggest the mixed oxides of formula (I) in claim 52 on appeal
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