Ex parte ZIOLO et al. - Page 9




             Appeal No. 1999-0963                                                                     9               
             Application No. 08/787,189                                                                               


             F.2d 1300, 1302-03, 190 USPQ 425, 426-27 (CCPA 1976).                                                    

                                             Rejections over Ziolo ’756                                               

             We shall not however, sustain the rejection of the claimed subject matter over                           

             Ziolo ‘756.  We find that Ziolo ‘756 is directed to a composite material comprising an                   

             ion exchange resin and magnetic particles prepared in accordance with an earlier Ziolo                   

             reference, U.S. Patent 4,474,866.  See column 3, lines 7-9.  We find the matrix is an                    

             ion exchange resin preferably being a polystyrene sulfonic acid ion exchange resin cross                 

             linked with 1 to 16% divinyl benzene.  See column 3, lines 14-16.  A magnetic colloid                    

             is prepared from ferrous or ferric ions.  See column 4, lines 1-2.  Furthermore, we find                 

             that examples of a precursor ion may include cobalt, and specifically cobalt acetate,                    

             among a limited number of disclosed ions.  See column 4, lines 2-13.  However, even if                   

             cobalt ions could be used in conjunction with ferrous or ferric ion, there is no suggestion              

             of the stoichiometry required by the claimed subject matter.  Furthermore, there is no                   

             disclosure or suggestion for the preparation of cobalt ferrite.  As the composition                      

             required by the claimed subject matter is neither disclosed nor suggested by the prior art               

             of record, we cannot further conclude that the magnetic anisotropy constant required by                  

             the claimed subject would be present in any iron cobalt magnetic composition prepared                    

             in accordance with the teachings of Ziolo ‘756.  Based upon the above analysis, we have                  

             determined that the examiner’s legal conclusion of obviousness is not supported by the                   







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