Appeal No. 1997-0085
Application 08/335,892
as being unpatentable over Martens.
Claims 1-8, 10 and 11 are rejected under 35 U.S.C. §
102(b) as being unpatenable over Gibson or Worns.
Claims 1-7 and 9-21 are rejected under 35 U.S.C. § 103 as
being unpatentable over Martens in view of Lu or Locey.
Finally, claims 1-8 and 10-21 are rejected under 35
U.S.C.
§ 103 as being unpatentable over Gibson or Worns in view of Lu
or Locey.
We cannot sustain any of the above noted rejections.
Each of the § 102 rejections before us on this appeal is
based upon the examiner's proposition that the respective
plates of the applied references inherently possess limited
distortion within the here claimed ranges because the prior
art and here claimed plates may be manufactured from the same
polymeric material, namely, polyethylene terephthalate. The
appellants point out, however, that polyethylene terephthalate
printing plates which are not annealed in accordance with
their disclosed invention (i.e., the plates of Martens, Gibson
or Worns) do not necessarily and inherently possess distortion
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