Appeal No. 2003-0465
Application No. 09/424,119
claim 18 is enabled by the relatively narrow range of
compositions exemplified in their specification disclosure.3
With further regard to the issues of motivation and
reasonable expectation of success, the appellants concede that
Clausen expressly teaches in the paragraph bridging columns 2 and
3 the use of his diaminopyrazole oxidation bases in combination
with conventional direct-dyeing dyestuffs but argue that the
specific examples of such dyestuffs listed in this paragraph
define a class of direct dyes which does not include the direct
dyes of Lang. This argument is not well taken. It is
significant that the specific dyes listed in this paragraph are
characterized by Clausen as examples of conventional direct-
dyeing dyestuffs for use in combination with his diaminopyrazole
oxidation bases. This fact would have suggested to an artisan
that the types of dyes specifically listed in Clausen’s paragraph
are merely exemplary, rather than exhaustive as the appellants
would have us believe, of the dye types which may be used in
3 It is here appropriate to stress that we see no basis for
considering the unpredictable nature of this art to support a
determination that an artisan would not be able to practice the
here claimed invention just as we see no basis for considering
the unpredictable nature of this art to support a determination
that an artisan would have no reasonable expectation of success
concerning the examiner’s proposed combination of Lang and
Clausen.
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007