Ex parte KETCHAM et al. - Page 11




                Appeal No. 95-1042                                                                                                            
                Application 07/964,002                                                                                                        


                9).  Park teaches use of cellophane (col. 5, lines 31-38) which                                                               
                does not melt.          3                                                                                                     
                         Fourth, in two examples in appellants’ specification                                                                 
                (Example 13, page 32 and Example 24, page 42) the slip is cast                                                                
                onto a Mylar  polyester sheet and fired.  There is no disclosureŽ                                                                                                         
                that the sheet is removed from the film before firing.  The films                                                             
                after firing are disclosed as being strong and flexible.  These                                                               
                examples indicated that even if a thermoplastic fugitive support                                                              
                sheet is used, a product having strength and flexibility as                                                                   
                recited in claim 31 can be formed.                                                                                            
                         For the above reasons, we conclude, based on the                                                                     
                preponderance of the evidence and argument in the record, that                                                                
                the invention recited in appellants’ claim 31 would have been                                                                 
                obvious to one of ordinary skill in the art within the meaning of                                                             
                35 U.S.C. § 103.                                                                                                              
                         We now turn to the rejection of claim 46.                                                                            
                         The examiner acknowledges that he has applied no prior art                                                           
                to claim 46, but argues that it would have been within the realm                                                              
                of routine experimentation for one or ordinary skill in the art                                                               



                         3See The Condensed Chemical Dictionary, 9th ed., 174 (Van                                                            
                Nostrand Reinhold, 1977).                                                                                                     
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