Appeal No. 2001-2441
Application No. 09/067,923
Tokunaga. See In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549,
553 (CCPA 1974).
The appellants argue that overprinting is inconsistent with
the intended use of Tokunaga’s thermal transfer layer for
providing magnetic images which are readable by a magnetic ink
character reader, and that Tokunaga does not suggest that the
disclosed magnetic thermal transfer layer can be overprinted with
thermal transfer ink (brief, page 4). The appellants argue that
Tokunaga’s ink may be too slippery for transfer thereto of
thermal transfer ink or may melt under the heat of a thermal
transfer printing head, and that one of ordinary skill in the art
would not assume that Tokunaga’s thermal transfer layer provides
a receptive layer for similar inks absent a hint or direction
that Tokunaga’s thermal transfer layer has receptive properties
(brief, page 5; reply brief, page 3). The appellants, however,
have not provided evidence that Tokunaga’s disclosed thermal
transfer layers are not receptive to thermal transfer ink or
provided evidence or technical reasoning which shows that only
Tokunaga’s thermal transfer layers which are within the scope of
the appellants’ claim 12 are receptive to thermal transfer ink.
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