Appeal No. 1997-2070
Application 08/487,921
sensitive recording material as described in Bauer '802, much
less with providing an “adhesion balance” between a radiation
sensitive layer and a support and a coversheet, the particular
problem of concern to appellants and Bauer '802. Thus, as
persuasively argued by appellants, there is no adequate
teaching or suggestion in Hodakowski to add Hodakowski's
polydiorganosiloxane to the Bauer '802 tonable radiation
sensitive layer. With respect to the examiner’s alternative
rationale of obviousness based on a proposed modification of
Hodakowski’s coated articles, we also agree with appellants
that the examiner has failed to meet his burden of
establishing that such a modification would necessarily result
in the claimed tonable, radiation sensitive recording
material. Accordingly the examiner's stated
obviousness rejection of the appealed claims cannot be
sustained.
The decision of the examiner is reversed.
REVERSED
MARC L. CAROFF )
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