Ex parte VERMEERSCH et al. - Page 1






                                           The opinion in support of the decision being entered today                                              
                                      was not written for publication and is not binding precedent of                                              
                                      the Board.                                                                                                   
                                                                                                       Paper No. 16                                

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   
                                                              _______________                                                                      

                                             BEFORE THE BOARD OF PATENT APPEALS                                                                    
                                                          AND INTERFERENCES                                                                        
                                                              _______________                                                                      

                                                      Ex parte JOAN VERMEERSCH                                                                     
                                                          and MARC VAN DAMME                                                                       
                                                               ______________                                                                      

                                                            Appeal No. 1998-3012                                                                   
                                                            Application 08/751,764                                                                 
                                                              _______________                                                                      

                                                          HEARD: October 10, 2001                                                                  
                                                              _______________                                                                      

                 Before PAK, WARREN and OWENS, Administrative Patent Judges.                                                                       

                 WARREN, Administrative Patent Judge.                                                                                              
                                                              Decision on Appeal                                                                   
                         This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                               
                 claims 1 through 4 and 6 through 14, which are all of the claims in the application.  Claim 1, as it stands                       
                 of record, is illustrative of the claims on appeal:                                                                               
                 1.  An imaging element comprising (i) on a hydrophilic surface of a lithographic base an image forming                            
                 layer comprising dispersed in a hydrophilic binder hydrophobic thermoplastic polymer particles and a                              
                 cross-linking agent capable of cross-linking said hydrophilic binder upon heating in a ratio between 1                            
                 :100 and 200:1 by weight versus the hydrophilic binder and (ii) a compound capable of converting light                            
                 to heat, said compound being comprised in said image forming layer or a layer adjacent thereto wherein                            
                 said hydrophilic binder is a compound selected from the group consisting of polyvinylalcohol,                                     
                 dimethylhydantoine-formaldehyde resin, a poly(meth)acrylamide, a polyhydroxyethyl(meth)acrylate, a                                
                 polyvinylmethylether, a gelatin and a polysaccharide.                                                                             

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