Ex Parte PUCKETT et al - Page 10




          Appeal No. 2001-2441                                                        
          Application No. 09/067,923                                                  


          Tokunaga does not address whether a thermal magnetic transfer               
          layer containing such an amount of calcium carbonate pigment and            
          containing the ferromagnetic powders which are pigments would be            
          receptive to thermal transfer ink.  However, Tokunaga would have            
          fairly suggested to one of ordinary skill in the art, for the               
          purpose of providing a thermal magnetic transfer ribbon, a                  
          thermal transfer layer which has amounts of white pigment and               
          total pigment within the appellants’ 5-80 wt% range and, as                 
          discussed above, otherwise falls within the scope of the                    
          appellants’ claim 14 and which, therefore, has the properties of            
          the appellants’ claimed thermal transfer ribbon.                            
               Hence, we conclude that the thermal transfer ribbon recited            
          in the appellants claim 14 would have been obvious to one of                
          ordinary skill in the art over Tokunaga.                                    
                                      Claim 17                                        
               Claim 17, which depends from claim 14, recites that the                
          pigment comprises 40-50 wt% of the total dry ingredients within             
          the thermal transfer material.                                              
               The examiner points out that the upper limit of Tokunaga’s             
          range of extender pigment, which can be white, is 30 wt%, and               




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