Appeal No. 1998-2288
Application 08/600,150
and the Examples). Wanmaker discloses a inorganic yellow-
colored pigment useful in paints
having a specified formula which is not similar to formula (I)
in
claim 52 on appeal (col. 1, ll. 3-12; col. 2, ll. 24-47; and
col. 3, ll. 16-17). Borrelli discloses a method for coloring
photochromic glasses including transition metal oxides and/or
rare earth metal oxides as inert glass colorants but with no
disclosure of colorants identical or similar to those of
formula (I) in claim 52 on appeal (col. 1, ll. 6-7; col. 3,
ll. 48-63; and Table 1 in col. 4).
From the foregoing analysis of the Joyce, Katz, Bryson,
Wanmaker and Borrelli reference disclosures, we determine that
the examiner has not presented any reasonable and convincing
factual basis for the conclusion “all of which would have
given the artisan a reasonable expectation of success in
obtaining suitable pigments from any mixed metal oxides”
(Answer, page 7) since each reference only discloses specific
mixed metal oxides that function as pigments. Alternatively,
we determine that the examiner has presented a sufficient
factual basis for establishing that “it [sic, is] notoriously
13
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007