Appeal No. 1997-3649 Page 3
Application No. 08/432,450
(b), and has a surface opposite the photopolymerizable layer (b) capable of
being exposed to laser ablation, the infrared ablation layer comprising:
(i) at least one infrared absorbing material;
(ii) a radiation opaque material, wherein (i) and (ii) can be the same or
different; and
(iii) at least one binder which is incompatible or substantially
incompatible with at least one of the low molecular weight materials of layer (b);
wherein the infrared ablation layer is tack-free or substantially tack-free
such that the surface of the infrared sensitive layer adjacent to the
photopolymerizable layer is tack-free or only slightly tacky, sticky or oily to the
touch and is ablatable from the surface of the photopolymerizable layer upon
exposure to infrared laser radiation.
The examiner relied upon the following references:
Fan 5,262,275 Nov. 16, 1993
Fan et al. WO 94/03839 Feb. 17, 1994
(Published World Intell. Prop. Org. Application)
Claims 1-10, 22, and 23 stand rejected under 35 U.S.C. § 102(b) as anticipated by or, in the
alternative, under 35 U.S.C. § 103(a) as obvious over either Fan et al. We reverse both of these
rejections for the reasons that follow.
OPINION
The rejection over Fan et al.
Fan et al. describes a photosensitive element comprising a support, a photosensitive layer and
an infrared radiation sensitive layer (pages 3-4). The infrared sensitive layer is interposed between a
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