Ex Parte GELARDEN - Page 22




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


                                       Claim 24                                        
               The appellant asserts that Puschak’s ink is unsuitable for              
          use in a one-fluid or two-fluid lithographic printing method                 
          (brief, page 25).  This assertion is not convincing because                  
          Puschak teaches that the ink is useful in printing processes                 
          “such as” letter press, flexographic, and rotogravure (col. 10,              
          lines 48-50).  The “such as” indicates that the ink is suitable              
          in printing processes generally, including lithographic printing,            
          and the appellant has provided no evidence or reasoning to the               
          contrary.                                                                    
               For the above reasons we conclude that the methods claimed              
          in the appellant’s claims 23 and 24 would have been obvious to               
          one of ordinary skill in the art over the combined teachings of              
          Puschak and Campbell.                                                        
                    Rejection of claim 26 under 35 U.S.C. § 103                        
                      over Tutt or Cleary, in view of Campbell                         
               Tutt discloses a colorless overprint composition and teaches            
          that crosslinked or branched polymers can be included in the                 
          composition to increase the abrasion resistance of the overcoat              
          layer (col. 2, lines 21-38; col. 3, lines 21-24 and 62-63).  This            
          teaching would have fairly suggested, to one of ordinary skill in            
          the art, use of branched polymers which are known to be suitable             

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