Ex Parte GELARDEN - Page 9




          Appeal No. 2002-0701                                                         
          Application 09/201,269                                                       


          appellant’s claim 1 from which claim 8 depends, in combination               
          with pigment particles which must be present for the examiner’s              
          argued benefit of Carlick’s tackifying resin to be obtained.                 
               Thus, we conclude that the examiner has not established a               
          prima facie case of obviousness of the printing ink composition              
          claimed in the appellant’s claim 8 over Campbell in view of                  
          Carlick.                                                                     
                Rejection of claims 19-22 under 35 U.S.C. § 103 over                   
                  Houser or Puschak, in view of Margotte or Oshima                     
               Houser discloses hydrocarbon-soluble resins which are useful            
          as binders in gravure printing inks and are the solution                     
          polymerization reaction product of 1) an alkyl or cycloalkyl                 
          ester of acrylic or methacrylic acid, 2) styrene or alkylated                
          styrene, 3) a carboxyl-containing monomer, and where desired,                
          4) up to about 2.0 wt% of a difunctional ethylenically                       
          unsaturated monomer (col. 2, lines 55-62; col. 3, lines 6-21).               
          Houser teaches that “it is preferred to utilize a free-radical               
          polymerization initiator.  The type of free-radical                          
          polymerization initiator suitable for use in the reaction is                 

          molecular weight and polydispersity at which insoluble gel                   
          formation takes place (answer, page 17).  The examiner does not              
          explain how Campbell would have fairly suggested, to one of                  
          ordinary skill in the art, a solution of a branched vinyl polymer            
          having a polydispersity of at least about 15.                                
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