Ex parte SCHONFELDER et al. - Page 5




                 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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