Appeal No. 2002-0701
Application 09/201,269
The examiner argues that “[t]he broad disclosure of coating
composition encompasses the use of printing inks or printing
varnishes which are merely specific types of coating. That is,
for instance, an ink is a type of coating composition in that an
ink is used to coat a substrate in order to produce an image”
(answer, pages 14-15).
“Anticipation requires that every limitation of the claim in
issue be disclosed, either expressly or under principles of
inherency, in a single prior art reference.” Corning Glass,
868 F.2d at 1255-56, 9 USPQ2d at 1965. Even if “coating
composition” were a genus encompassing “printing ink composition”
or “printing varnish”, which the examiner has not established,
the examiner has not pointed out where Campbell discloses, either
expressly or under principles of inherency, a printing ink
composition or a printing varnish.
For the above reasons we find that the examiner has not
established a prima facie case of anticipation over Campbell of
the invention claimed in the appellant’s claims 1-7, 9-18, 25, 27
and 28.
7
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