Ex parte BHATEJA et al. - Page 5




          Appeal No. 1997-0085                                                        
          Application 08/335,892                                                      


               As for the examiner's § 103 rejections, we perceive                    
          substantial merit in the appellants' arguments against the                  
          examiner's conclusion of obviousness.  In particular, we agree              
          with the appellants that even if the plates of the primary                  
          references were subjected to the treatments of the secondary                
          references, the resulting plates cannot be regarded as                      
          possessing distortion values of the type defined by the                     
          independent claims on appeal.  Indeed, the examiner points to               
          nothing and we find nothing independently in the secondary                  
          references which reflects that the treatments of Lu or Locey                
          would be even capable of producing the here claimed distortion              
          values.                                                                     
               In light of the foregoing, we also cannot sustain the                  
          examiner's § 103 rejection of claims 1-7 and 9-21 as being                  
          unpatentable over Martens in view of Lu or Locey or his § 103               
          rejection of claims 1-8 and 10-21 as being unpatentable over                
          Gibson or Worns in view of Lu or Locey.                                     
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




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