Appeal No. 2001-0241
Application No. 08/997,373
individual claims. Accordingly, all the appealed claims are
considered to stand or fall together with claim 1.
In reaching our opinion we have thoroughly reviewed the
arguments advanced by the examiner and appellants, as well as the
specification data relied upon by appellants.
We will not sustain the examiner's rejections based upon
Nishikawa and Dickie. As appreciated by the examiner, Nishikawa
does not disclose a photosensitive lithographic printing plate
wherein the photosensitive resin layer comprises an ethylenically
unsaturated phosphate-containing monomer, as presently claimed.
While Dickie discloses a photosensitive composition containing
such a phosphate-containing ethylenically unsaturated monomer,
appellants properly point out that Dickie is not directed to
making a photosensitive lithographic printing plate. Rather,
Dickie teaches that the inventive articles "are suitable for use
as a substitute for plated metal surfaces used for trim or
brightwork on the exterior of automobiles" (column 1, lines
22-24). Accordingly, we must agree with appellants that one of
ordinary skill in the art would not have possessed the requisite
motivation to substitute the phosphate-containing monomer of
Dickie for those disclosed by Nishikawa in the preparation of a
photosensitive lithographic printing plate.
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