Ex Parte Van Gorkom - Page 3

               Appeal 2007-1351                                                                             
               Application 10/628,942                                                                       
                      The rejections as presented by the Examiner are as follows:                           
                   1. Claims 19 and 21 are rejected under 35 U.S.C. § 102(b) as being                       
                      anticipated by Stern.1                                                                
                   2. Claims 1, 3, 5, 10, 11, 13-15, and 22 are rejected under 35 U.S.C                     
                      § 103(a) as unpatentable over Stern.                                                  
                   3. Claims 2, 4, 8, 9, 12, 16-18, and 20 are rejected under 35 U.S.C                      
                      § 103(a) as unpatentable over Stern and Adachi.                                       

                                                OPINION                                                     
                      In response to the § 102 rejection of claim 19, Appellant contests the                
               Examiner’s finding that Stern discloses an “anti-adhesion layer” within the                  
               meaning of the claim.  First, the Examiner finds that Stern describes an anti-               
               adhesion layer as claimed at column 13, lines 32 through 52 of the reference.                
               Stern describes a layer of excess charge 66 (Fig. 5) embedded in the upper                   
               surface of the light storage plate.  The charge layer can be produced by, inter              
               alia, ion-implantation of a light storage plate material such as a transparent               
               form of “Teflon.”  Second, the Examiner finds that, in the alternative, stand-               
               off elements 46, 54 (col. 10, ll. 46-60; Fig. 4B) meet the requirements of the               
               claimed anti-adhesion layer.  (Answer 3.)                                                    

                                                                                                           
               1 The instant application was filed in the USPTO on July 29, 2003.                           
               According to Appellant, this application is a divisional of application                      
               09/355,592, filed November 15, 1999, now U.S. Patent 6,628,246.                              
               Appellant also claims priority (under 35 U.S.C. § 119) to European Patent                    
               Office (EPO) application 97203741.0, filed November 29, 1997, and to EPO                     
               application 98202065.3, filed June 22, 1998.  The Stern patent issued from                   
               an application filed in the USPTO on January 4, 1996.  Appellant does not                    
               contest the Examiner’s applying Stern as a reference under 35 U.S.C.                         
               § 102(b).                                                                                    
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