Appeal No. 2000-2149 10
Application No. 08/859,901
The ink composition likewise may contain a water-soluble polyhydric alcohol including
among a limited number of examples (seven), ethylene glycol, propylene glycol and
polyethylene glycol having a molecular weight of 200-600. See column 5, lines 8-21.
The polyhydric alcohols may be present in an amount of not more than 20% by weight.
See column 5, lines 16-17. There are no examples directed to a mixture of solvents.
Nonetheless, we find that polyethylene glycol is utilized in composition 5, column 7, in an
amount of 2.0%, Ink composition 3, column 9, in an amount of 3%, and Ink composition
5, column 10, in an amount of 2%.
It is well settled, however, that it is a matter of obviousness for one of ordinary skill
in the art to combine two or more materials when each is taught by the prior art to be
useful for the same purpose. In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069,
1072 (CCPA 1980). Here, appellants have simply combined two well known solvents
each utilized in ink compositions to perform the same function. Accordingly, we conclude
that it would have been obvious for one of ordinary skill in the art to combine propylene
glycol in the form of 1,3-propanediol with polyethylene glycol.
We otherwise adopt our analysis supra with respect to the ratios and proportions of
solvents, and our position with respect to claims 20, 32, and 33.
As rebuttal to the prima facie case of obviousness established by the examiner, the
appellants have presented allegedly unexpected results. See Brief, page 18. They rely on
Examples 1-11 of the specification and the conclusions reached therefrom that each of the
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