Ex parte GROSSMAN et al. - Page 2




          Appeal No. 1997-0227                                                        
          Application No. 08/113,147                                                  

          are directed to a photosensitive element which includes a                   
          photosensitive layer comprising an elastomeric microgel                     
          binder, at least one ethylenically unsaturated monomer or                   
          oligomer and a photoinitiator system.  Claim 1 is                           
          representative and reads as follows:                                        
               1. A photosensitive element comprising a support and a                 
          photosensitive layer, said photosensitive layer comprising:                 
                    (a) an elastomeric microgel binder having a core                  
                    comprising a homopolymer or copolymer of an                       
          elastomeric    monomer and a shell comprising a copolymer of                
          the            elastomeric monomer and a monomer having acidic              
                         functionality, wherein the shell copolymer is                
          formed by      polymerizing the monomer having acidic                       
          functionality with       unpolymerized elastomeric monomer from             
          the core;                                                                   
                    (b) at least one ethylenically unsaturated monomer                
          or oligomer; and                                                            
                    (c) a photoinitiator system.                                      
               The references relied upon by the examiner are:                        
          Feinberg et al. (Feinberg)    4,894,315           Jan. 16, 1990             
          Fryd et al. (Fryd ‘192)       5,075,192           Dec. 24, 1991             
          Fryd et al. (Fryd ‘175)       5,077,175           Dec. 31, 1991             
          Mirle et al. (Mirle)          5,143,819           Sep.  1, 1992             
               The following rejections are at issue in this appeal:                  
               (1) Claims 1, 6, 8-11 and 13 are rejected under 35 U.S.C.              
          § 102(b) as being anticipated by Fryd '192.                                 



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