Appeal No. 1997-3528
Application No. 08/230,659
Since appealed claims 12, 14, and 17 through 20 all depend
from claim 11, it follows that the subject matter of these
dependent claims would also not have been obvious over the
applied prior art references. In re Fine, 837 F.2d 1071,
1076, 5 USPQ2d 1596, 1600 (Fed. Cir. 1988).
C. Rejection under 35 U.S.C. § 103: Bjorklund in view of Walsh
Similarly, in the §103 rejection of claims 11, 12, 14,
and 17 through 20 over the combined teachings of Bjorklund and
Walsh, the examiner alleges:
It would have been obvious to one skilled in the
art that an irradiation time exceeding 12 minutes
may have been reached by Bjorklund et al. ‘148 when
measuring the photoconductivity when recognizing
that several measurements are commonly made and
averaged to produce a more reproducible and accurate
value for the photoconductivity and to measure the
photoconductivity first and that a higher intensity
for the Kr+ laser may be used based upon the
teaching of higher output from the same type of
laser in a single line mode. [Emphasis added;
examiner’s answer, p. 7.]
As we discussed above, however, Bjorklund does not teach
or suggest irradiating the article to an intensity of at least
0.05 W/cm to obtain an absorbed energy/unit volume of at2
4 3
least 1 x 10 J/cm to activate the article without forming an
12
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