Appeal No. 1996-1864
Application No. 08/330,349
The examiner has the initial burden of establishing a
prima facie case of obviousness regarding the claimed subject
matter within the meaning of 35 U.S.C. § 103. In re Oetiker,
977 F.2d 1443, 1447-48, 24 USPQ2d 1443, 1446-47 (Fed. Cir.
1992); In re Piasecki, 747 F.2d 1468, 1472, 223 USPQ 785, 788
(Fed. Cir. 1984). A prima facie case of obviousness is
established only when “[b]oth the suggestion and the
reasonable expectation of success [are] found in the prior art
and not in applicant’s disclosure.” In re Vaeck, 947 F.2d
488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991).
The examiner relies on Anderson to show a photographic
support material, such as polyester film or cellulose acetate
film, having thereon an anti-static layer comprising colloidal
vanadium pentoxide, a barrier layer and a silver halide
emulsion layer. See Answer, page 3, together with Anderson,
columns 7 and 8 and abstract. The barrier layer is used to
provide “excellent adhesion between the anti-static layer and
[the silver halide emulsion layer]” and to prevent “unwanted
diffusion of the vanadium pentoxide...” See Anderson,
abstract, and column 7, line 50 to column 8, line 2. The
3
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007