Appeal No. 1999-2505 Page 6
Application No. 08/886,635
Furthermore, even if it were obvious to do all the picking and choosing
necessary to result in a photopolymerizable barrier layer containing a monomer
and an infrared sensitive layer with incompatible binder, there would still be the
problem of shielding the photopolymerizable layer from atmospheric oxygen.
The Examiner indicates that Fan discloses that the effect of atmospheric oxygen
can be overcome by longer radiation exposure times or higher intensity radiation
sources. However, Fan also indicates that the results are less reproducible when
oxygen is present. One would not desire to form a less reproducible printing
plate when a barrier layer can be used which remedies that problem and other
problems too. The fact remains that Fan expressly requires a barrier layer in
every embodiment of the photosensitive element, there is no suggestion in Fan
for eliminating the barrier layer, and Fan teaches away from such elimination.
The above holds true in the present case as well.
The Examiner states that “[t]o the extent the articles disclosed or suggested in Fan do
not clearly anticipate the claimed articles, it is submitted that any differences, if any, are so
minor as to be prima facie obvious.” (Answer at 4). The “difference” as found by the Examiner
is the requirement of a barrier layer in the photopolymerizable element of Fan. In light of the
fact that Fan teaches away from eliminating the barrier layer, we cannot agree that this
difference is so minor as to be prima facie obvious as put by the Examiner.
Fan et al. is used in combination with Fan to reject claim 16 as obvious. Fan et al. is
applied by the Examiner for its teaching of performing the exposure step in a vacuum (Answer
at 6). Fan et al. does not cure the deficiencies of the rejection over Fan: particularly, in view of
the fact that Fan teaches using a photopolymerizable layer which is usually inherently tacky and
prone to sticking to the vacuum frame (Fan at col. 4, ll. 29-36).
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