Ex Parte Dunshee et al - Page 2



          Appeal No. 2004-1372                                                        
          Application No. 09/577,551                                                  

                                APPEALED SUBJECT MATTER                               
               According to the appellants (Specification, page 1), “[t]he            
          present invention relates to printing ink compositions and in               
          particular the invention relates to printing ink for flexible or            
          elastomeric substrates.”  Further details of the appealed subject           
          matter are recited in representative claim 491 which is reproduced          
          below:                                                                      
          49.  An elastomeric bandage comprising a printed image wherein the          
          printed image is prepared from at least one ink composition                 
          comprising a stable aqueous dispersion of pigment and particles of          
          a urethane polymer.                                                         
                                       PRIOR ART                                      
               The examiner relies on the following prior art references:             
          Hassell                       4,334,530           Jun. 15, 1982             
          Davey et al (Davey)           5,162,141           Nov. 10, 1992             
          Miyamoto et al (Miyamoto)     0 596 503 A1        May  11, 1994             
          (Published European Patent Application)                                     
                                                                                     




               1 The appellants state that “claims 11-13, 16-33, 35-37,               
          39-45, and 49-52 stand or fall together.”  See the Brief, page 5.           
          Therefore, for purposes of this appeal, we select claim 49 as               
          representative of all of the claims on appeal and decide the                
          propriety of the examiner’s Section 103 rejection below based on            
          this claim alone consistent with 37 CFR § 1.192(c)(7)(2003).                
                                          2                                           




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