Appeal No. 1999-2383
Application No. 08/573,487
pigment of Hosomura overlaps the claimed pigment particle size at
one endpoint, i.e., 1.5 microns (Answer, page 3). As discussed
above, Hosomura teaches away from the claimed AP values. The
examiner has not shown by convincing evidence or reasoning, from
this one finding that the pigment particle sizes overlap, that the
properties of coefficient of friction and smoothness of the
Hosomura paper would necessarily be the same as the claimed values.
For the foregoing reasons, based on the totality of the
record, we determine that the preponderance of evidence weighs most
heavily in favor of patentability in view of the reference
evidence. Accordingly, the examiner’s rejection of claims 1, 3, 5,
7, 9, 11, 16, 18 and 20 under 35 U.S.C. § 103(a) over Hosomura is
reversed.
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