Ex parte LEWIS et al. - Page 4




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


               column 18), no details concerning the composition or characteristics of this cleaning fluid                            
               are disclosed.  In essence, it is the examiner’s ultimate conclusion that the here-applied                             
               secondary references would have suggested providing Fuller’s method with a cleaning                                    
               fluid of the type specifically defined by the appellants’ independent claim.                                           
                       We agree with the appellants’ basic position, however, that the applied prior art                              
               contains no teaching or suggestion of providing Fuller’s method with a liquid composition                              
               corresponding to the one defined by appealed independent claim 1.  In support of his                                   
               contrary view, the examiner urges that the Lewis and Herrmann references in particular                                 
               would have suggested a liquid composition comprising a major proportion of non-solvent                                 
               providing mechanical lubrication and a minor proportion of solvent as here claimed.  More                              
               specifically, the examiner contends that “Herrmann  . . .  establishes that mixtures where                             
               the non-solvent material (isopropanol) constitutes more of the mixture than the solvent                                
               (aliphatic hydrocarbons) have been used to clean silicone based lithographic printing                                  
               plates and that a useful printing plate resulted” (answer, page 11).  With respect to the                              
               appealed claim 1 requirement that at least a portion of the non-solvent provide mechanical                             
               lubrication, the examiner “holds” that “the isopropanol [of Herrmann] inherently lubricates                            
               dry surfaces to some degree as it is a fluid” (answer, page 8).  The examiner’s viewpoint                              
               on this matter is not well taken.                                                                                      




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