Appeal No. 2000-2149 9
Application No. 08/859,901
Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990). Based upon
the above findings of fact and analysis, we conclude that the Shimizu reference of record is
sufficient to establish a prima facie case of obviousness with respect to claim 20.
We shall also affirm the rejection of claim 33 directed to a solvent combination of
1,3-propanediol and polyethylene glycol. We find that the disclosure of propylene glycol
suggests the utilization of 1,3-propanediol, the only other species possible being 1,2-
propanediol. Furthermore, as we previously found, the specific disclosure of 1,5-
pentanediol suggests that Shimizu prefers the utilization of the ", T-alkanediols. See
column 5, line 31 and our discussion supra. We accordingly conclude that a prima facie
case of obviousness has been established with respect to claim 33.
However, as to claim 32, solvent (i), we construe the scope of this solvent as being
directed to a copolymer of ethylene and propylene glycol. We find no evidence on the
record before us to suggest the presence of components falling within the scope of either
(i) or (ii). Accordingly, we reverse the rejection of claim 32.
Based upon the above findings and analysis, we conclude that the examiner has
established a prima facie case of obviousness with respect to each of the rejected claims
other than 32.
Rejection under 35 U.S.C. § 103 over Imagawa
Imagawa is directed to a water-based ink composition comprising water, a coloring
agent and a polymeric dispersant. See column 1, lines 60-64, and column 2, lines 4-6.
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