Ex parte GRIES - Page 3





                 Appeal No. 1998-2134                                                                                                                   
                 Application No. 08/585,217                                                                                                             


                          in claim 9, wherein the photocurable layer is                                                                                 
                          developable with water or a basic aqueous solution                                                                            
                          following imagewise exposure of the recording                                                                                 
                          material.                                                                                                                     




                          As evidence of obviousness, the examiner relies on the                                                                        
                 following prior art:                                                                                                                   
                 Wright                                       3,652,720                                    Mar. 28, 1972                                
                 Hsieh et al. (Hsieh)                         4,603,171                                    Jul. 29, 1986                                
                 Garmong      2                               5,348,844                                    Sep. 20, 1994                                

                 E.I. Du Pont De Nemours                                        1,366,769                                    Sep.                       
                 11, 1974                                                                                                                               
                 and Company (DuPont)                                                                                                                   
                 (Published British Patent Application)                                                                                                 
                 Brandrup et al. (Brandrup) , Polymer Handbook, Second Ed.,3                                                                                       
                 published by John Wiley and Sons, Inc., (1975), pp. II-167 and                                                                         
                 II-168.                                                                                                                                
                          As evidence of nonobviousness, appellant relies on the                                                                        
                 following literature:                                                                                                                  



                          2  In the Answer, the examiner refers to this patent as “Wagner”.                                                             
                 Although the front cover of the patent names Gregory O. Garmong as the                                                                 
                 inventor, both the examiner and appellant agree that the correct inventor of                                                           
                 this patent is William R. Wagner.  See Answer, page 4.  To avoid confusion,                                                            
                 however, we will refer to this patent as “Garmong”, inasmuch as the name                                                               
                 “Garmong” appears on the front cover of the patent.                                                                                    
                          3  The examiner refers to this reference to show an inherent property                                                         
                 of the monomer described in the applied prior art, namely Hsieh. See Answer,                                                           
                 page 6.                                                                                                                                
                                                                           3                                                                            






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