Appeal No. 2005-0708
Application No. 09/968,967
enough, and no function or purpose for adding them can be found
in either Simon or Medelnick (Brief, page 13; Reply Brief, page
5).
These arguments are not persuasive. First, we note that
Medelnick teaches the use of “other colored pigments” in addition
to the goniochromatic pigment, and the above quoted term is
generic to pearlescent pigments (see page 2, penultimate line;
and page 3, ll. 1-2 and 6-8). Second, we determine that Simon
teaches that it was well known in this art to use pearlescent
pigments as coloring agents (page 2, ll. 4-5). Third, we
determine that Simon does not teach away from the use of
pearlescent pigments but merely teaches that these type of
pigments allow for varied, but never intense, colors to be
obtained with iridescent effects (Simon, page 2, ll. 9-11).
Fourth, we determine that Simon teaches that goniochromatic
pigments “confer iridescent effects somewhat like a pearlescent
product” (page 2, ll. 12-14). Appellants provide the same
disclosure as Simon regarding the “fairly weak color effects”
with iridescent effects given by pearlescent pigments in the
prior art (specification, ¶[003]). Accordingly, the use of
pearlescent pigments as one type of coloring pigment used with
the goniochromatic pigment composition of Medelnick would have
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