Appeal No. 2002-1551
Application No. 09/286,386
ordinary skill in the art would have reasonably expected
photochromic materials of Amon to be compatible with the ink
composition of Hwang which comprises an alkaline agent. While
the examiner states that there is no "evidence or expectation"
that the photochromic agents of Amon cannot be combined with the
composition of Hwang,3 the examiner has placed the cart before
the horse in not demonstrating why it would have been prima facie
obvious for one of ordinary skill in the art to reasonably expect
the photochromic agents of Amon to be a suitable addition to the
composition of Hwang. Accordingly, we are constrained to reverse
the examiner's § 103 rejection.
In conclusion, based on the foregoing, the examiner's double
patenting rejection is sustained whereas the § 103 rejection is
reversed. The examiner's decision rejecting the appealed claims
is affirmed.
3 Page 9 of Answer, penultimate sentence.
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