Ex Parte FOLEY et al - Page 3




          Appeal No. 1999-1005                                                        
          Application No. 08/739,157                                                  

               non-imaging sensitizer that absorbs laser radiation at a               
               rate sufficient to effect the imagewise ablation mass                  
               transfer of said topcoat, and said laser radiation-ablative            
               topcoat also containing an imaging amount of a non-black               
               body, non-ablation sensitizing contrast imaging material               
               therein, said non-black body, non-ablation sensitizing                 
               contrast imaging material comprising a yellow dye or                   
               pigment, a magenta dye or pigment, or a cyan dye or pigment,           
               and (2) a receptor element in contiguous registration                  
               therewith.                                                             
               The references set forth below are relied upon by the                  
          examiner in his Section 102 and Section 103 rejections:                     
          Roberts                    3,787,210                Jan. 22, 1974           
          Smith et al. (Smith)       4,496,957                Jan. 29, 1985           
          Stewart et al. (Stewart)   4,588,674                May  13, 1986           
          Barlow                     4,788,128                Nov. 29, 1988           
          Kanno et al. (Kanno)       4,908,294                Mar. 13, 1990           
          DeBoer                     4,973,572                Nov. 27, 1990           
          Ito et al. (Ito)2          61-206691                Sep. 12, 1986           
          (published Japanese Kokai Patent Application)(hereinafter                   
          referred to as the Japanese reference).                                     
               Claims 87, 88, 90-92, 94-99, 108, 109 and 116 are rejected             
          under 35 U.S.C. § 102(e) as being anticipated by, or                        
          alternatively under 35 U.S.C. § 103(a) as being obvious over,               
          DeBoer.  In addition, various appealed claims are rejected under            
          35 U.S.C. § 103(a) as being obvious over DeBoer in various                  
          combinations with the above listed references.  Finally, claims             

               2We rely upon a full English translation of this document,             
          previously made of record.                                                  
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