Appeal No. 1997-2070
Application 08/487,921
Bauer 4,326,010 Apr. 20, 1982
Bauer et al. (Bauer) 4,892,802 Jan. 9, 1990
Appealed claims 9, 13-16, and 19 stand rejected under
35 U.S.C. § 103 as unpatentable over Hodakowski in view of
Bauer '802. Appealed claims 16 and 17 stand rejected under 35
U.S.C.
§ 103 as unpatentable over Hodakowski in view of Bauer '802,
further in view of Weitemeyer.2
As evidence of the obviousness of the herein claimed
invention (i.e., as defined by claim 9), the examiner relies
on the combined disclosures of Hodakowski and Bauer '802.
Bauer '802 discloses a representative tonable, radiation
sensitive recording material comprising a support; a tonable,
radiation sensitive layer which adheres to the support; and a
coversheet which adheres to the tonable radiation sensitive
layer. Appellants' claimed tonable, radiation sensitive
2The examiner did not restate this rejection in the
answer. The examiner considered the rejection of these
dependent claims based in part on U.S. Patent 4,963,438 issued
to Weitemeyer on October 16, 1990 as moot “because appellants
assert that the claims stand or fall together." See the
answer at pages 2 and 3. In light of our disposition of the
issues raised in this appeal, we will not remand this
application to the examiner for a formal restatement of this
rejection.
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