Ex Parte FAN - Page 3




                   Appeal No. 1999-2505                                                                                                Page 3                      
                   Application No. 08/886,635                                                                                                                      


                                               (iii)     at least one binder which is substantially incompatible with at least                                     
                                                         one of the low molecular weight materials of layer (b),  wherein the                                      
                                                         infrared ablation layer is tackfree or substantially tack-free when on                                    
                                                         the photopolymerizable layer; and optionally,                                                             
                                        (d) a coversheet;                                                                                                          
                            (2)       removing the coversheet when present;                                                                                        
                            (3)       imagewise ablating layer (c) with infrared laser radiation to form a mask;                                                   
                            (4)       overall exposing the photosensitive element to actinic radiation through                                                     
                   the mask; and                                                                                                                                   
                            (5)       treating the product of step (4) with at least one developer solution to remove (I)                                          
                   the infrared ablation layer which was not removed during step (3), and (II) the areas of the                                                    
                   photopolymerizable layer (b) which were not exposed to non-infrared actinic radiation.                                                          

                                                                    THE EVIDENCE                                                                                   
                            As evidence of unpatentability, the Examiner relies upon the following prior art                                                       
                   references:                                                                                                                                     
                   Fan                                                      5,262,275                              Nov. 16, 1993                                   
                   Fan et al.                                               WO 94/03839                            Feb.  17, 1994                                  
                   (International Application published under the PCT)                                                                                             

                                                                  THE REJECTIONS                                                                                   
                            Claims 11-15 and 17-19 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                                                 
                   Fan or, in the alternative, under 35 U.S.C. § 103 as obvious over Fan.  Claim 16 stands rejected                                                
                   under 35 U.S.C. § 103 as obvious over Fan in view of Fan et al.  We reverse.  Our reasons are                                                   









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