Appeal No. 2004-1951
Application No. 10/025,684
appellants that the examiner has failed to establish a prima
facie case of obviousness for the claimed subject matter.
Accordingly, we will not sustain the examiner’s rejection.
JP ‘291 is specifically directed to a laser markable epoxy
resin composition comprising carbon black and antimony trioxide.
When the carbon black of the reference disclosure is irradiated
with an yttrium aluminum ganet laser, the carbon black burns and
evaporates leaving a whitish printing on a black background (see
page 7 of the English translation). JP ‘291 attaches
significance to the average particle diameter and quantity of
antimony trioxide used in combination with the carbon black.
(See page 9 of translation). JP ‘291 provides no teaching or
suggestion of using any other pigment in combination with carbon
black and antimony trioxide, let alone the specifically claimed
nacreous pigment.
Andes is directed to the preparation of a multilayer plural
luster pigment, i.e., a nacreous pigment, and provides the
general disclosure that the specially prepared pigments can be
used for laser marking of polymeric materials (column 2, lines
43-46).
It is the examiner’s position that it would have been
obvious for one of ordinary skill in the art to use the nacreous
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