Appeal No. 95-3353 Page 7
Application No. 07/855,799
use of polyetherazides in conjunction with patentees'
disclosed sensitizer in forming imageable elements (answer,
page 4). Rather, the examiner relies on the combination of the
teachings of Vandenberg and Aotani as evidence of obviousness
in attempting to show that the claimed invention would have
been prima facie obvious. According to the examiner, it
would have been obvious to one of ordinary skill in the art to
select the polyether containing pendent azidomethyl groups of
Vandenberg as the polymer to be used in the composition of
Aotani for use together with the sensitizer in forming an
imageable element as claimed (answer, pages 4 and 5, carryover
paragraph). The examiner reasons that adequate motivation for
such a combination can be found in the exemplary disclosure of
Aotani (column 7, lines 33-37) indicating the use of polymers
having photo-crosslinkable azido groups and the "...disclosed
photolytic property of the polyetherazides" of Vandenberg
(answer, page 5). We disagree.
The examiner has not pointed to any disclosure of either
applied reference which indicates that polyethers that contain
pendent azidomethyl groups would have been considered as
useful with the disclosed sensitizer of Aotani. In this
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