Ex Parte Babler et al - Page 3




          Appeal No. 2003-1740                                                        
          Application No. 09/801,301                                                  


          organic pigments are useful for coloring seeds but, rather,                 
          teaches that the pigmented material "can be used for the                    
          pigmentation of lacquers, inks and enamel coating compositions              
          . . . [and] are particularly useful for preparing automotive                
          coating paints" (column 5, lines 41-45).  In addition, Bäbler               
          teaches that the organic materials which are colored according to           
          the disclosed invention are a variety of polymeric plastic and              
          rubber materials.  Although the examiner relies upon Schmidt for            
          its teaching that a specific pigment is suitable for pigmenting             
          plastics, printing inks, and coloring seeds, the examiner has not           
          established the requisite correlation between the specific                  
          pigment of Schmidt and the stir-in organic pigments of Bäbler.              
          Also, appellants correctly point out that the material coated in            
          Bäbler is in the form of a solution.  In relevant part, Bäbler              
          discloses that "the mixing simply involves blending the stir-in             
          pigment into the solution or suspension of the high-molecular-              
          weight organic material until a uniform dispersion is achieved"             
          (column 2, lines 43-46).  This teaching does not suggest that the           
          stir-in organic pigments can be used effectively to coat solid              
          seeds.                                                                      




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