Ex parte BRAULT et al. - Page 3




                Appeal No. 97-0222                                                                                                            
                Application 08/115,561                                                                                                        


                polyhydric alcohol or a combination thereof.  The process entails                                                             
                depositing an image from an ink jet on an adhesive, ink receptive                                                             
                layer that is permanently adhered to a transparent, protective                                                                
                layer which, in turn, is positioned on a temporary carrier layer.                                                             
                The ink imaged layer is then applied to a substrate which bonds                                                               
                to the adhesive layer.  The temporary carrier layer is then                                                                   
                removed leaving a protected ink image on the substrate.                                                                       
                         Appealed claims 1-29, 32-35 and 42-44 stand rejected under                                                           
                35 U.S.C. § 103 as being unpatentable over Hunt in view of the                                                                
                admitted prior art.  Claims 30 and 31 stand rejected under                                                                    
                35 U.S.C. § 103 as being unpatentable over Hunt in view of                                                                    
                Parker, and claims 36 and 37 stand rejected under 35 U.S.C. § 103                                                             
                as being unpatentable over Hunt in view of Yamane.  In addition,                                                              
                the appealed claims stand provisionally rejected under the                                                                    
                judicially created doctrine of obviousness-type double patenting                                                              
                over claims 1-32 of copending application, U.S. Serial No.                                                                    
                08/115,564 in view of Hunt.2                                                                                                  



                         2The Examiner’s Answer misstates the double patenting                                                                
                rejection at page 6 of the Answer as applicable to only claims                                                                
                1-37.  However, since the examiner’s Advisory Action of                                                                       
                January 18, 1996 states that all the appealed claims stand                                                                    
                rejected, and appellants have not contested the double patenting                                                              
                rejection but have offered to file a terminal disclaimer, we                                                                  
                will, for purposes of this appeal, consider all the appealed                                                                  
                claims to stand rejected under obviousness-type double patenting.                                                             
                                                                    -3-                                                                       




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