Appeal No. 1998-3012
Application 08/751,764
compositions, the first containing a mixture of gelatin and glyoxal and the second containing polyethylene
particles dispersed in gelatin.
The examiner finds that Gardner “does not disclose the particular hydrophilic polymers set forth
in the instant claims” (Paper No. 7, pages 2-3). Based on the evidence in the combined teachings of
Gardner and Vrancken, we agree with the examiner’s conclusion that one of ordinary skill in this art
would have used the binders of Vrancken in the imaging elements of Gardner because the hydrophilic
binders of Vrancken and the hydrophilic binders of Gardner are used in “similar heat sensitive elements”
and Vrancken discloses that the hydrophilic binders are cross-linkable (Paper No. 7, pages 2-3).
Indeed, we determine that, prima facie, one of ordinary skill in this art would have found in the
combined teachings of Gardner and Vrancken the reasonable suggestion that the hydrophilic binders,
such as gelatin which is capable of cross-linking or “hardening,” used in imagining elements on the
hydrophilic surface of a lithographic base by Vrancken can be used as hydrophilic binders, which are
capable of cross-linking, in imaging elements on the hydrophilic surface of a lithographic base by
Gardner with the reasonable expectation of successfully obtaining imagining elements, on the hydrophilic
surface of a lithographic base, that can be cross-linked and thus providing images that are durable as
taught in Gardner. The hydrophilic binders of Vrancken satisfy the conditions for a hydrophilic binder
used as component B stated in Gardner, which we disclosed above, because the hydrophilic binders of
Vrancken are “hardenable” or cross-linkable and the “hardening” or cross-linking agent is mixed with
the binder. Several of the binders of Vrancken also contain reactive groups, including carboxylic acid
groups which are present in the binders exemplified by Gardner, and the “hardening” or cross-linking of
gelatins with an aldehyde upon the application of heat is disclosed by Vrancken. We observe that
aldehydes are disclosed by appellants to be heat-activatable cross-linking agents (specification,
sentence bridging pages 8-9).
Indeed, each of Vrancken and Gardner discloses the same kind of imaging elements containing
cross-linked binders that provide durable images.
Therefore, prima facie, one of ordinary skill in this art following the combined teachings of
Gardner and Vrancken would have reasonably used the binders of Vrancken in the imaging elements of
Gardner, see In re Corkill, 771 F.2d 1496, 1497-1500, 226 USPQ 1005, 1006-08 (Fed. Cir. 1985);
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