Appeal No. 1998-2475 Page 7
Application No. 08/505,020
electrically conductive material having an electrical
conductivity higher than that of the conductive liquid. To
overcome this deficiency in Sakai, the examiner turns to
Kobayashi for a teaching of an electrically conductive ink
containing an electrically conductive material (carbon black),
with the electrical conductivity of the conductive material
being higher than the conductivity of the liquid.
Appellant asserts, inter alia, (brief, pages 8 and 9)
that the invention requires a specific relationship between
the conductive liquid and the conductive material, i.e., the
conductivity of the conductive material is higher than the
conductivity of the conductive liquid in the conductive ink.
In Kobayashi, the specific conductivity of the carbon black
relative to the carrier liquid is not disclosed. The examiner
admits (answer, page 7) that Kobayashi does not disclose the
specific relationship between the conductive liquid and the
conductive particles. However, the examiner asserts (id.)
that "the carbon black particles of Kobayashi would inherently
have a higher conductivity than that of the carrier liquid."
We disagree. When relying upon the theory of inherency, the
examiner must provide a basis in fact and/or technical
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