Appeal No. 2004-1206
Application No. 09/826,473
For the foregoing reasons, the reasons set forth in the
Answer, as well as the claim construction discussed above, we
determine that the examiner has established that Wolfe describes
every limitation of claim 16 within the meaning of section
102(b). With regard to the rejection of claim 21 under section
102(b) over Wolfe, we note that claim 21 merely limits claim 16
to two transparent inks. As found by the examiner (Answer, pages
4 and 9), Wolfe discloses two transparent inks used in the direct
printing of the outer surface of the beverage can. Therefore we
affirm the rejection of claims 16 and 21 under 35 U.S.C. § 102(b)
over Wolfe.
B. The Rejection under § 102(b) over Gerstner
The examiner finds that Gerstner discloses a packaging
container having an inner and outer surface formed from
paperboard in which the outer surface has been directly printed
in color using at least two transparent inks, of which no more
than two of the inks have been selected from cyan, magenta or
yellow process primary colors (Answer, page 4). The examiner
also finds that Gerstner discloses metallic ink and opaque white-
pigmented ink layers which serve as masking colors for the
transparent colorant layer(s)(id.).
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