Ex Parte HUTTER et al - Page 4




          Appeal No. 2002-1229                                                        
          Application No. 09/140,809                                                  

          5-6) and makes the following conclusion of obviousness on page 7            
          of the answer:                                                              
                    Therefore, in light of Mochizuki’s disclosure that                
               printed substrates are coated with a protective layer                  
               to fix the ink and prevent discoloration, and Lehr’s                   
               disclosure that printed cellulosic substrates are                      
               subjected to after-treatments to improve waterfastness,                
               as well as the motivation for using a cationic polymer                 
               disclosed by Maslanka . . . as described above, it                     
               therefore would have been obvious to one of ordinary                   
               skill in the art to coat the printed substrate of Kado                 
               . . . with a cationic polymer in order to produce a                    
               printed substrate which has improved waterfastness,                    
               reduced discoloration, and improved strength, and                      
               thereby arrive at the claimed invention.                               
               The examiner’s aforenoted position is deficient in that                
          Maslanka’s ultimate polymer, while admittedly disclosed as being            
          useful inter alia as a coating for paper, does not constitute a             
          “cationic, water-soluble polymer” of the type here claimed.                 
          Instead, this ultimate polymer is a graft copolymer which is                
          expressly and repeatedly described as being water-insoluble                 
          (e.g., see lines 13-33 in column 4).  This ultimate polymer is              
          obtained by graft copolymerizing an ethylenically unsaturated               
          monomer, such as styrene, onto a water-soluble cationic                     
          prepolymer, and, as properly indicated by the examiner, this                
          cationic water-soluble prepolymer is comprised of monomers which            
          include those here claimed.  However, it is appropriate to stress           
          that Maslanka contains no disclosure of using this prepolymer for           

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