Appeal No. 1997-1485
Application 08/279,046
when the examiner states that the surface of the back resin
layer of Tsubaki can be coated and this coating is “similar”
to appellants’ resin coating in contact with the lower surface
of the second polyolefin coating (Answer, page 5, citing
Tsubaki, column 9, lines 50-55). Tsubaki teaches that the
back resin layer of the photographic support may be coated
with “various back coat layers” for preventing electrification
(column 7, lines 46-49). The specific back coating layers of
Example 1 are a back coating solution of silica and styrene
latex with a small amount of sodium polystyrenesulfonate
(column 9, lines 50-59). However, the examiner has failed to
establish, by evidence or convincing reason, that this coating
would meet the limitation recited in claim 23 on appeal, which
is “said resin coating having a coefficient of friction which
is greater than the coefficient of friction of the second
coating of polyolefin film.” The examiner’s mere conclusion
on page 8 of the Answer that it would have been obvious “to
select a resin coating having a coefficient of friction which
is greater that [sic, than] the coefficient of friction of the
second coating of the polyolefin film in order to provide good
release properties” is without any factual basis. The
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