Ex Parte KAWABATA et al - Page 4




          Appeal No. 2003-1251                                                        
          Application 09/226,128                                                      


          is fixed to the image receiving member as claimed.  We agree                
          with appellants' views that Diggle's thermoplastic material                 
          would simply melt upon the application of heat and not "cure"               
          the adhesive material as claimed.                                           
               Most telling, however, are the positions set forth in the              
          reply brief including the definition of thermoplastic materials             
          from the Condensed Chemical Dictionary.  They are defined as a              
          "high polymer that softens when exposed to heat and returns to              
          its original condition when cooled to room temperature."  Besides           
          not reciting a thermosetting material as required by independent            
          claims 1 and 4 on appeal, the properties associated with a                  
          thermoplastic according to the definition do not provide the                
          claimed curing such that a transfer material is fixed to a image            
          receiving member as also required by these claims on appeal.                
               As such, we must reverse the rejection of independent claims           
          1 and 4 on appeal as well as their respectively rejected                    
          dependent claims according to the examiner's first stated                   
          rejection.                                                                  
               Next, we also reverse the rejection of claims 1-4, 6-8,                
          10-13 and 15-20 as being anticipated by Hindman.                            
               Whereas independent claims 1 and 4 on appeal require a                 
          thermosetting adhesive, we agree with appellants'                           

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007