Ex Parte MALHOTRA - Page 11




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


          composition used in continuous ink jet printing (taught by                   
          Tobias) to an ink composition used in thermal transfer or                    
          pressure-sensitive transfer ribbons (taught by Takazawa).  The               
          examiner has not referred to any evidence to demonstrate that the            
          conductivity desired in the jet printing ink composition taught              
          by Tobias is equally applicable to those ink compositions used in            
          thermal transfer and pressure-sensitive transfer ribbons, such as            
          the one taught by Takazawa.  Accordingly, on this record, we                 
          cannot sustain the examiner’s decision rejecting claim 6 under 35            
          U.S.C. § 103.                                                                
          We turn next to the examiner’s rejection of claim 9 under 35                 
          U.S.C. § 103 as unpatentable over the combined disclosures of                
          Takazawa and Ball.  We find that in addition to the teachings                
          indicated supra, Takazawa further teaches (column 8, lines 2-6)              
          that:                                                                        
               The vehicle of solid ink for the ribbons is preferably                  
               a vehicle composed of a wax-like substance as a main                    
               component or a vehicle composed of a mixture of a wax-                  
               like substance and a thermoplastic resin [polystyrene                   
               and styrene-butadiene copolymer] as a main component.                   
          Implicit in this teaching is that the thermoplastic resin, such              
          as polystyrene, can constitute 0 to a significant portion of the             
          vehicle of solid ink described in Takazawa, thus emcompassing the            
          percentage of polystyrene recited in claim 9.  It follows that               

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