Appeal No. 2005-1332 Page 6 Application No. 09/774,064 an amount of 3-30% by weight of the pigment and concludes, therefore, that the inorganic pigment must be present in an amount of 70-97% by weight of the pigment in that preferred embodiment (Answer, p. 3). Appellants traverse this finding on the basis that “this is not the literal disclosure of Hoshino.” (Brief, p. 4). Appellants’ traversal is not persuasive because, even though Hoshino does not say it literally, the disclosure is present. The pigment of Hoshino is a combination of inorganic pigments and the emulsion particles as “plastic pigment” (Hoshino, ¶ 0016, ll. 6-9). The amount of emulsion particles is related in Hoshino as a percentage of the “entire pigments.” (Hoshino, ¶ 0017, ll. 1-4). Therefore, the percentage of inorganic pigments is the amount which is not emulsion pigment.2 We, therefore, find adequate factual support in Hoshino for the finding made by the Examiner, i.e., that Hoshino describes by default including inorganic pigment in an amount of from between 97 and 70% by weight of the entire pigment in the preferred embodiment. That Hoshino includes other less preferred embodiments and examples does not, contrary to the arguments of Appellants (Brief, p. 5), somehow negate the disclosure of the preferred embodiment. 2The words “entire pigments” would be understood by one of ordinary skill in the art to be referring to the combination of emulsion particles as plastic pigments and inorganic pigments. This is the case because inorganic and plastic pigments are the only components that make up the pigment. In fact, the plastic pigments are said to be a replacement for inorganic pigments (Hoshino, ¶ 0002, ll. 4-7). Also note that Hoshino calculates the quantity of other components based on the combined amount of inorganic and plastic pigments (Hoshino, ¶ 0016, ll. 19-22). Moreover, the formulation provided on page 22 of the translation of Hoshino further validates the Examiner’s interpretation of the reference as the pigment amounts (clay, calcium carbonate and emulsion particles) add up to 100 parts by weight.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007