Ex Parte Zhao et al - Page 4




               Appeal No. 2003-0667                                                                        Page 4                 
               Application No. 09/514,699                                                                                         

                                                           OPINION                                                                
               Obviousness                                                                                                        
                      Our initial focus will be on claim 1, the only independent claim.  That claim is rejected                   
               upon two bases: 1) as obvious over Wellings in combination with Lane as evidenced by the                           
               Exxon Bulletins and 2) as obvious over Liu in combination with Wellings and Lane as evidenced                      
               by the Exxon Bulletins.  We affirm both rejections and in so doing adopt the findings of fact and                  
               conclusions of law presented in the Answer.  We add the following for emphasis and                                 
               completeness.                                                                                                      
                      Wellings in combination with Lane as Evidenced by the Exxon Bulletins                                       
                      The Examiner finds that Wellings discloses the process of claim 1 with the exception that                   
               Wellings does not disclose including a liquid developer reconstitution compound in the liquid                      
               developer concentrate (Answer at p. 7).  The Examiner notes that Lane describes a liquid                           
               developer concentrate containing a surfactant and also finds that the surfactant meets the                         
               requirements of the claimed liquid developer reconstitution compound (Answer at p. 9).  The                        
               Examiner concludes that it would have been obvious to one of ordinary skill in the art to use the                  
               liquid developer concentrate of Lane, which includes the reconstitution compound, in the process                   
               of Wellings (Answer at p. 10).                                                                                     
                      Appellants argue that “Wellings does not teach the liquid developer reconstitution                          
               compound recited for example, in claim one the Examiner has not established that Wellings does                     
               not teach the use of a second liquid developer.” (Amended Brief at p. 8).                                          








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