Ex parte LEWIS et al. - Page 3




               Appeal No. 1999-1164                                                                                                   
               Application No. 08/715,559                                                                                             


               Scott Paper Company                             1,489,308              Oct.  19, 1977                                  
               (Great Britain)                                                                                                        
               Research Disclosure, no. 19201, “Method and material for the production of a dry                                       
               planographic printing plate”, (April 1980).                                                                            
                       Claims 1-10 and 12-20 stand rejected under 35 U.S.C. § 103 as being                                            
               unpatentable over Fuller in view of Lewis, Leenders, the British reference and Herrmann,                               
               and claims 1-20 stand correspondingly rejected over these references and further in view                               
               of the Research Disclosure reference.                                                                                  
                       We refer to the brief and reply brief and to the answer for a complete exposition of                           
               the opposing viewpoints expressed by the appellants and by the examiner concerning the                                 
               above-noted rejections.                                                                                                
                                                             OPINION                                                                  

                       For the reasons which follow, we cannot sustain either of these rejections.                                    
                       The method defined by appealed independent claim 1 distinguishes over the                                      
               method of Fuller by requiring that the here claimed rubbing step be practiced with a liquid                            
               composition comprising a major proportion of non-solvent, at least a portion of the non-                               
               solvent providing mechanical lubrication, and a minor proportion of solvent for byproducts                             
               of the ink-rejecting and the ink-receptive materials.  While Fuller teaches                                            
               a rubbing step which includes the use of cleaning fluids (e.g., see lines 21-38 in                                     




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