Appeal No. 2002-0699 Application No. 09/401,740 composition. We also take official notice that one of ordinary skill in the art knows that the melting rate (time) of the solid ink composition described in Takazawa is dependent on the heating temperature employed. Thus, it is reasonable to conclude that the functional limitation recited in claim 4 does not distinguish the claimed ink composition from the ink composition described in Takazawa. Compare In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997); In re Yanush, 477 F.2d 958, 959, 177 USPQ 705, 706 (CCPA 1973); In re Casey, 370 F.2d 576, 580, 152 USPQ 235, 238 (CCPA 1967); In re Otto, 312 F.2d 937, 939, 136 USPQ 458, 459 (CCPA 1963). It follows that Takazawa would have rendered the subject matter defined by claims 1,2 4, 12 through 14, 16, 21 and 22 obvious to one of ordinary skill in the art withing the meaning of 35 U.S.C. § 103. Claim 8, however, is on different footing. There is no teaching or suggestion found in Takazawa to employ the claimed specific hardening component, e.g., poly("-methyl styrene) in its solid ink composition. The fact that the claimed poly ("-methyl styrene) may be encompassed by the generic language “polystyrene” in Takazawa does not by itself provide a sufficient suggestion to one of ordinary skill in the art to select it from 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007