Ex Parte Ganapathiappan et alDownload PDFPatent Trial and Appeal BoardSep 30, 201613668510 (P.T.A.B. Sep. 30, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/668,510 11105/2012 22879 7590 10/04/2016 HP Inc, 3390 E. Harmony Road Mail Stop 35 FORT COLLINS, CO 80528-9544 FIRST NAMED INVENTOR Sivapackia Ganapathiappan UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 83118959 7223 EXAMINER NGUYEN, VU ANH ART UNIT PAPER NUMBER 1762 NOTIFICATION DATE DELIVERY MODE 10/04/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): ipa.mail@hp.com barbl@hp.com yvonne.bailey@hp.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte SIVAPACKIA GANAPATHIAPPAN, HOUT. NG, and HOW ARD S. TOM Appeal2015-003608 Application 13/668,510 Technology Center 1700 Before GEORGE C. BEST, CHRISTOPHER L. OGDEN, and MICHAEL G. McMANUS, Administrative Patent Judges. BEST, Administrative Patent Judge. DECISION ON APPEAL The Examiner finally rejected claims 19 - 28 of Application 13/668,510 under 35 U.S.C. § 102(b) as anticipated or, in the alternative, 35 U.S.C. § 103(a). Final Act. 2 (August 8, 2014). Appellants 1 seek reversal of these rejections pursuant to 35 U.S.C. § 134(a). We have jurisdiction under 35 U.S.C. § 6. For the reasons set forth below, we REVERSE. 1 Hewlett-Packard Development Co., LP, is identified as the real party in interest. Appeal Br. 3. Appeal2015-003608 Application 13/668,510 BACKGROUND Claim 19 - the sole independent claim on appeal - is reproduced below: 19. An ink-jet ink, including: an ink vehicle; and an encapsulated pigment dispersed in the ink vehicle, the encapsulated pigment comprising pigment particles encapsulated by a cross-linked polymer, wherein the polymer has a dielectric constant of 2.8 or more, and wherein the pigment particles having a surface attached to the cross-linked polymer through reacted vinyl groups modifYing the surface. Appeal Br. 23 (Claims App.) (emphasis added). REJECTION On appeal, the Examiner maintains the following rejection: Claims 19-28 are rejected under 35 U.S.C. § 102(b) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as unpatentable over Miyabayashi2 as evidenced by Liu.3 Final Act. 2; see also Non-Final Action 4-6 (April 11, 2014). DISCUSSION For the reasons set forth in Appellants' Appeal Brief and Reply Brief, we conclude that the Examiner erred by adopting an unreasonably broad claim interpretation. A person having ordinary skill in the art would understand that the claim terms "attached" and "modifying" require a 2 US 2005/0075416 Al, published April 7, 2005. 3 US 8, 133,934 B2, issued March 13, 2012. 2 Appeal2015-003608 Application 13/668,510 covalent linkage rather than an association stabilized by van der Waals forces. Thus, we reverse. CONCLUSION We reverse the rejection of claims 19 - 28 of the '510 Application. REVERSED 3 Copy with citationCopy as parenthetical citation