Ex Parte TSUJI et al - Page 5



          Appeal No. 2001-0241                                                        
          Application No. 08/997,373                                                  

               The examiner's rejection of claims 1, 3-6, 9-11 and 13-15              
          over Lauke in view of Nippon is another matter.  Appellants do              
          not dispute the examiner's factual determination that Lauke                 
          discloses the claimed lithographic printing plate with the                  
          exception of "the use of nitric acid in treatment of the                    
          substrate surface" (page 10 of Answer, first sentence).  Nippon,            
          on the other hand, evidences that it was known in the art to make           
          photosensitive lithographic printing plates by electrolytic                 
          surface roughening the aluminum substrate with either nitric acid           
          or hydrochloric acid, depending upon the particular use desired.            
          Nippon discloses the following at page 2 of the English                     
          translation:                                                                
               The difference in the pit structure of the                             
               roughened surface has a significant influence on the                   
               printing performance and print run of the plates.  The                 
               plates prepared by surface roughening processing using                 
               a hydrochloric acid based electrolyte are appropriate                  
               for printing newspaper, magazines, etc. with [the size                 
               of the] print run as the emphasis.  On the other hand,                 
               the plates prepared by surface roughening processing                   
               using a nitric acid based electrolyte are appropriate                  
               for printing calendars, catalogs, and other commercial                 
               art printing matter that require fine images.  However,                
               the print run is worse than that of the former type of                 
               plates, so that the print number is relatively small.                  
               Consequently, the two types of plates have their                       
               respective ranges of applications [last paragraph].                    
          Consequently, based on the collective teachings of Lauke and                
          Nippon, we are satisfied that it would have been prima facie                

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