Ex parte JOHNSTONE - Page 10




          Appeal No. 1997-2839                                                        
          Application No. 08/448,778                                                  
          rejection of claim 16.  Likewise, the examiner's rejection of               
          dependent claims 24 and 25 under 35 U.S.C. ' 103 is also not                
          sustained.                                                                  


          The 35 U.S.C. § 103 rejection of claims 16 and 17 as                        
          unpatentable over Marazzi '684 or Marazzi '467 in view of                   
          Nelson.                                                                     
               Regarding the rejection of claim 16 under 35 U.S.C. ' 103              
          as unpatentable over Marazzi '684 or Marazzi '467 in view of                
          Nelson, we find that Nelson does not overcome the above noted               
          deficiencies of Marazzi '684 or Marazzi '467.                               




               It is the examiner's contention that it would have been                
          obvious at the time the invention was made to a person having               
          ordinary skill in the art "to have employed a transfer foil                 
          with an adhesive layer and a preprinted receiving paper having              
          a thermoplastic component heated prior to the transfer step,                
          in the process taught by either Marazzi et al. '684 or Marazzi              
          et al. '467, since Nelson recognizes the desirability of                    
          preheating an adhesive transfer foil to enhance subsequent                  
          transfer and adhesion" (answer, page 9).                                    
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