Ex parte SCHONFELDER et al. - Page 8

          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                      
               The decision of the examiner is reversed.                              

                         MARC L. CAROFF                     )                         

Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007