Appeal 2007-2677
Application 10/622,229
Examiner found that a surface treatment with aluminum chlorohydrate
“should inherently create an alumino silicate shell on the particles.” Answer
3-4.
With respect to fade resistance, the Examiner found that Darsillo
prefers cationic particles. The Examiner found that it is well known in the
art that cationic materials will fix anionic dyes commonly used in ink jet
recording, making them less likely to migrate through the medium and less
subject to bleeding. Answer 5.
The Appellants do not distinguish the claimed shell materials from the
materials used in the cationic treatment disclosed in Darsillo. Rather, the
Appellants argue that Darsillo does not indicate a preference for cationically
shelled particles. Brief 6.2 To the contrary, Darsillo states, “It is sometimes
preferred that cationic particles be included in the glossy coating.” Darsillo
5:1-2.
The Appellants also argue that the claimed shell materials have been
shown to provide “image fade resistance” and argue that “image fade
resistance” is different from the “fade resistance” referred to by the
Examiner. Brief 6. Again, the Appellants have not distinguished the
claimed shell materials from the materials used in the cationic treatment
disclosed in Darsillo. Therefore, to the extent that the claimed shell
materials provide “image fade resistance,” one of ordinary skill in the art
would have expected the materials disclosed in Darsillo to also provide
“image fade resistance.” Cf. In re Spada, 911 F.2d 705, 708, 15 USPQ2d
1655, 1657 (Fed. Cir. 1990) (discovery of a new property of a previously
2 Amended Appeal Brief filed November 13, 2006.
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