Appeal No. 1997-3649 Page 9
Application No. 08/432,450
molecular weight of the monomer or any plasticizer which might be present. A preferred barrier layer
contains two elastomeric binders and optionally nonmigratory dye or pigment (col. 5, lines 24-25).
In order to achieve the here claimed subject matter one of ordinary skill in the art first would
have had to choose the photopolymerizable barrier material over the nonphotopolymerizable barrier
material. Then one of ordinary skill in the art would have had to choose between the photosensitive
barrier composition consisting simply of elastomeric binder and the composition including monomer and
initiator. But these are not the only necessary choices that must be made.
In order to arrive at the claimed photosensitive element several further choices are required. A
monomer that would not migrate but was under 30,000 weight average molecular weight must be
chosen. Further, in the infrared layer, one must choose to use a binder, an optional component
according to Fan. Further, that binder must be selected to be incompatible with the monomer included
in the barrier layer. Fan provides insufficient guidance as to how to make these further choices. This is
true especially in light of the fact that the function of the barrier layer as described in Fan is to prevent
migration of monomers and plasticizers and, on its face, this function teaches away from using a low
molecular weight monomer in the barrier layer. While, after knowing the direction in which the
inventor proceeded, the invention may seem like a logical step forward, it cannot be said to have been
obvious based solely on the information known prior to the invention. We conclude that the Examiner
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