Appeal No. 1998-3012
Application 08/751,764
partially coalesces the coating, the hydrophilic binder has reactive groups or precursor therefor which
will cause insolubilization of the layer at elevated temperatures, and the exposed imaging layer can be
developed with an aqueous medium prior to heating to effect insolubilization (page 2, lines 18-29 and
39-48). Gardner would have further disclosed that, inter alia, component A can be hydrophobic
thermoplastic polymer particles and component B can be cross-linkable, and if a mixture, the ingredients
of component B can be “mutually reactive” (page 2, lines 6-12, 30-31, 33 and 37). The reference
discloses examples of polymers for component B which contain carboxylic acid or other groups that
confer solubility and which can form a mixture with non-polymeric cross-linking agents (page 3, lines
20-33) and provides working examples demonstrating such mixtures (Gardner Examples 7 and 18,
pages 5 and 6-7). The exemplified radiation-absorbing substances that cause coalescence of the
coating include carbon black (page 3, lines 45-47, and Gardner Examples 7 and 18). Gardner
discloses that the images formed with the imaging element have high durability (e.g., abstract).
As further pointed out by the examiner (Paper No. 7, pages 2-3), Vrancken would have
disclosed to one of ordinary skill in this art an imaging element comprising a layer of hydrophobic
thermoplastic polymer particles can be dispersed in a hydrophilic binder that can contain a reactive
agent that will “harden” the binder, which is on the hydrophilic surface of a lithographic base, wherein
the transfer of heat from a substance capable of transforming light into heat coalesces the particles in the
layer, the exposed imaging layer can be developed with an aqueous medium prior and the hydrophilic
binder can then be “hardened” with heat (e.g., col. 1, lines 19-35, col. 2, lines 17-28, col. 3, line 75, to
col. 4, line 53, col. 6, lines 7-51, col. 8, lines 20-38, and col. 11, lines 12-20). Vrancken would
have further disclosed that the binder can be, inter alia, gelatin, a polysaccharide, polyvinyl alcohol and
polyacrylic acid, which can be “hardened for . . . higher mechanical strength,” such as hardening a
gelatin “by reaction with an aldehyde such as formaldehyde or glyoxal” (col. 4, lines 2-26). In
Vrancken Example 1, an imagining element is used which comprises a layer from two separately applied
2 Since Claims 1, 7 and 8 appear to be substantial duplicates, in the event that these claims are held to
be allowable, see Manual of Patent Examining Procedure § 706.03(k) Duplicate Claims (8th ed.,
August 2001; 700-52).
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