Ex Parte Metzger - Page 2




              Appeal No. 2003-1928                                                                                      
              Application No. 09/511,833                                                                                



                                                    BACKGROUND                                                          
                     Appellant’s invention relates to a photopolymerizable recording element.  The                      
              recording element comprises a support, a photopolymerizable layer, a layer sensitive to                   
              infrared radiation (IR) and opaque to actinic radiation and an adhesive wax layer disposed                
              between the photopolymerizable layer and the layer sensitive to infrared radiation.                       
              According to Appellant, the adhesive layer renders the IR layer less fragile and results in a             
              less damaged photopolymerizable layer.  (Brief, p. 2).  Claim 1, which is representative of               
              the claimed invention, appears below:                                                                     
                     1.  A photopolymerizable recording element comprising a support, at least one                      
                     photopolymerizable layer containing at least one polymeric binder, at least one                    
                     ethylenically unsaturated, copolymerizable, organic compound, and at least                         
                     one photoinitiator or photoinitiator system, and a layer sensitive to infrared                     
                     radiation and opaque to actinic radiation, characterized in that an adhesive wax                   
                     layer is present between the photopolymerizable layer and the infrared-                            
                     sensitive layer.                                                                                   
                                                  CITED PRIOR ART                                                       
                     As evidence of unpatentability, the Examiner relies on the following references:                   
              Shuman                                  4,592,946                     Jun.  03, 1986                      
              Chang                                   5,155,003                     Oct.  13, 1992                      
              Fan                                     5,262,275                     Nov.  16, 1993                      


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