Appeal No. 2003-1251
Application 09/226,128
42 of the metal layer 40 to the substrate 12. The unaffixed
portions 44 of the metal layer 40 surrounding the portions 42
shown in Figure 3 remain detached from the substrate 12." Not
only does this portion of Cloutier indicate that the Loctite
408 material is a thermosetting material since it is cured by
heating, it also functions in such a manner as to be cured so
that the transfer material is fixed to the image receiving member
as required by independent claims 1 and 4 on appeal. Therefore,
appellants' remarks traversing the rejection in the brief and
reply brief are not well-founded.
In view of the foregoing, we have sustained the rejection of
claims 1-4 and 6-8 as being anticipated by Cloutier. We have
also reversed the corresponding rejections under 35 U.S.C. § 102
of claims 1, 3, 4 and 6-8 as being anticipated by Diggle and the
separately stated rejection of claims 1-4, 6-8, 10-13 and 15-20
as being anticipated by Hindman. Therefore, the decision of the
examiner rejecting the claims on appeal under 35 U.S.C. § 102 is
affirmed-in-part.
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