Ex Parte MALHOTRA - Page 7




          Appeal No. 2002-0699                                                         
          Application No. 09/401,740                                                   


               The appellant does not dispute the examiner’s finding that              
          the polystyrene described in Takazawa acts as a hardening agent.             
          Rather, the appellant argues that the nonpolymeric aromatic                  
          compound described in Takazawa is not described as a viscosity               
          modifier.  This argument is not well taken.                                  
               As indicated supra, Takazawa discloses its nonpolymeric                 
          aromatic compound, i.e., diethyl phthalate, as a softening agent,            
          i.e., softens the solid ink composition described by Takazawa.               
          Thus, implicit in this teaching is that diethyl phthalate affects            
          or modifies the viscosity of the solid ink composition described             
          by Takazawa.  As such, we find that the broad claim language                 
          “nonpolymeric aromatic viscosity modifier” embraces the diethyl              
          phthalate softening agent described in Takazawa.                             
               The appellant argues that Takazawa does not teach or suggest            
          a hot melt ink composition having the functional characteristic              
          recited in claim 4, i.e., capable of undergoing “a change from a             
          solid state to a liquid state in a period of no more than about              
          100 milliseconds” at an unspecified heating temperature.  See the            
          Brief, pages 17-19.  We do not agree.                                        
               As indicated supra, the solid ink composition described in              
          Takazawa has a melting temperature which almost entirely overlaps            
          with the preferred melting temperature of the claimed ink                    
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