Appeal No. 1998-2215
Application 08/700,578
that the heat generating layer can be as thin as 0.3 microns
thick, which would suggest to the artisan that the conductive
support layer should be thickened proportionally to the
reduction in thickness of the heat generating layer to provide
adequate strength for the finished laminate” (answer, page 7).
The examiner also argues: “The adhesion prevention layer is no
more than 7 microns, preferably no more than 1 micron (col. 6,
lines 49-50). Since the [sic] both the heat generating layer
and
the adhesion prevention layer are extremely thin, the
structural
integrity of the final laminate would necessarily be provided
by the conductive support layer” (answer, page 9).
In order for a prima facie case of obviousness to be
established, the teachings from the prior art itself must
appear to have suggested the claimed subject matter to one of
ordinary skill in the art. See In re Rinehart, 531 F.2d 1048,
1051, 189 USPQ 143, 147 (CCPA 1976). The mere fact that the
prior art could be modified as proposed by the examiner is not
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