Ex Parte TSUJI et al - Page 7



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

          that "[a]s a result, it is possible to obtain rough-surface                 
          plates with even better adhesiveness to photosensitive film,                
          water retentivity and wear resistance" (page 3 of translation,              
          fourth paragraph, emphasis added).  In addition, the reference              
          discloses that "[f]or the obtained rough-surface plate, plate               
          manufacturing was performed using a diazo-based photosensitive              
          solution.  The obtained plate was then used to perform offset               
          printing" (page 5 of English translation, third paragraph).                 
          Manifestly, appellants err in arguing that Nippon does not                  
          disclose or suggest a photosensitive layer formed on the printing           
          plate.                                                                      
               Appellants also rely upon the specification data as evidence           
          of nonobviousness, i.e., unexpected results.   Appellants                   
          maintain that the specification data demonstrates that using a              
          combination of a phosphate-containing unsaturated monomer and               
          nitric acid roughening of the aluminum support results in an                
          unexpectedly superior printing plate compared to printing plates            
          comprising only one of either a nitric acid treated support or a            
          phosphate-containing unsaturated monomer in the photosensitive              
          resin layer.                                                                
               In addition to not establishing that the specification data            
          would be considered truly unexpected by one of ordinary skill in            

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