Ex parte BRETON et al. - Page 4




          Appeal No. 1998-3217                                                        
          Application No. 08/536,236                                                  


          to nothing more than routine experimentation to determine the               
          surface tension and viscosity for the ink that is suitable for              
          ink jet printing.  In re Aller, 220 F.2d 454, 456, 105 USPQ                 
          233, 235 (CCPA 1955).  While appellants stress that Nealy and               
          Barton do not teach or suggest the claimed surface tension and              
          viscosity for the disclosed inks, appellants have not                       
          explained why one of ordinary skill in the art would not have               
          found it obvious to modify the inks of Nealy and Barton with                
          respect to surface tension and viscosity to make them amenable              
          for ink jet printing.  Furthermore, as pointed out by the                   
          examiner, Kyser and Dexter disclose that typical parameters                 
          for ink jet printing inks are a viscosity of 6 cP and a                     
          surface tension of 50 dyne/cm, which values fall directly                   
          within the claimed ranges.  Accordingly, since values for                   
          viscosity and surface tension within the claimed ranges are                 
          described as typical for ink jet printing inks, we agree with               
          the examiner that it would have been prima facie obvious for                
          one of ordinary skill in the art to formulate the inks of                   
          Nealy and Barton in accordance with such viscosities and                    
          surface tension.  While appellants maintain that "the                       
          secondary references of Kyser and Dexter are directed to                    

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