Appeal No. 2005-1629
Application No. 10/001,256
OPINION
The examiner finds that JP ‘525 discloses ink jet ink
compositions comprising water, glycol ether, pigment, a polymer
dispersant, and a polymer emulsion prepared by sulfonating diene-
based polymers with a sulfonating agent such as sulfuric acid or
sulfuric anhydride (Answer, page 4). The examiner also finds
that Anton discloses ink jet ink compositions comprising water,
pigment, a polymeric dispersant, and a polymer emulsion obtained
from sulfonyl group containing monomers (Answer, page 5).
Although the examiner admits that there is no disclosure of an
ink cartridge in JP ‘525 or Anton, the examiner finds that it “is
clear that an ink jet printer would inherently contain the ink in
an ink cartridge prior to printing” (Answer, pages 4 and 5). The
examiner also finds that the difference between the primary
references (JP ‘525 and Anton) and the claimed subject matter is
the requirement in the claims on appeal for the specific
penetrating agent of a combination of acetylene glycol (formula
(1)) and triethylene glycol monobutyl ether (id.). Accordingly,
the examiner applies Sano as the secondary reference for its
teaching of a preferred ink jet ink penetrating agent that is a
combination of acetylene glycol and triethylene glycol monobutyl
ether (Answer, pages 5-6). From these findings, the examiner
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