Ex parte SUESS et al. - Page 4




                 Appeal No. 95-3303                                                                                                                     
                 Application No. 07/960,892                                                                                                             


                 bottom layer (i.e., a layer of colored lacquer "proximate to                                                                           
                 the surface") thereby producing a marking on the surface.  In                                                                          
                 prior art processes, "conventionally applied layers of                                                                                 
                 lacquer" are said to "suffer from variations in thickness" so                                                                          
                 that under some circumstances in which the outer layer is                                                                              
                 relatively thick, it is incompletely removed (specification,                                                                           
                 page 2, lines 9-14).  To remedy this problem, the laser power                                                                          
                 may be increased, but this often has the adverse effect of                                                                             
                 damaging or completely removing the bottom (underneath)                                                                                
                 lacquer layer (specification, page 2, lines 14-22).  To solve                                                                          
                 the thickness variation problem, appellants form both colored                                                                          
                 lacquer layers on a carrier and then transfer the layers to                                                                            
                 the desired surface (in a manner similar to applying a decal                                                                           
                 to a surface) for subsequent laser marking.  Prior art workers                                                                         
                 were apparently aware of the need to apply at least the outer                                                                          
                 layer as uniformly as possible (specification, page 2, lines                                                                           
                 29-32).  However, the "conventional"  application techniques     2                                                                     
                 resulted in considerable increases in the cost of marking a                                                                            

                          2In the record before us, the examiner has  made no                                                                           
                 factual findings regarding what specific "conventional"                                                                                
                 application techniques are utilized in the prior art                                                                                   
                 processes.                                                                                                                             
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