Appeal No. 96-3781
Application No. 08/259,891
type of ink known in the art that is provided on the
elastomeric layer. We further agree with appellant that it is
immaterial whether some solvent remains on the elastomeric
layer, although it is highly likely that part of the solvent
will migrate into the layer. Accordingly, we will not sustain
the examiner's § 112, second paragraph rejection.
We will also not sustain the examiner's rejection of
claims 1-5 under 35 U.S.C. § 103 over the collective teachings
of Gartland and Knudsen. The flaw in the examiner's rejection
is that even when the references are combined the claimed
indicia bearing transfer does not result. Gartland, the
primary reference, does not disclose indicia of a solvent ink
layer on an elastomeric layer. Rather, Gartland teaches the
incorporation of a colorant, such as a dye or a pigment, in
the elastomeric layer. From Gartland's disclosure at column
5, lines 34 et seq., as well as EXAMPLES 1 and 2, it can be
seen that the colorant material is blended into the
elastomeric composition. Also, Gartland does not disclose the
claimed clear thermoset layer which covers the solvent ink
layer. While the examiner relies upon Knudsen for this
teaching, appellant accurately points out that Knudsen teaches
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