Ex Parte Metzger - Page 3




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



                     The Examiner rejected claims 1 to 12 as unpatentable under 35 U.S.C. § 103(a) as                   
              obvious over the combination of Fan and Chang.  The Examiner also rejected claims  1 to 12                
              as unpatentable under 35 U.S.C. § 103(a) as obvious over the combination of Fan and                       
              Shuman.  (Answer, pp. 3 to 6).                                                                            
                                                     DISCUSSION                                                         
                     We have carefully reviewed the claims, specification and applied prior art, including              
              all of the arguments advanced by both the Examiner and Appellant in support of their                      
              respective positions.  This review leads us to conclude that the rejections of claims 1 to 12             
              are not well founded.  We will limit our discussion to the independent claim 1.                           
                     Rather than reiterate the respective positions advanced by the Examiner and                        
              Appellant, we refer to the Examiner’s Answer and to Appellant’s Brief for a complete                      
              exposition thereof.                                                                                       
                     Fan is directed to a flexographic element having an infrared ablatable layer capable of            
              being selectively removed by a laser beam.  The flexographic element comprises a support, a               
              photopolymerizable layer, at least one barrier layer and at least one infrared-sensitive layer.           
              The infrared-sensitive layer is opaque to actinic radiation and is ablatable from the surface of          
              the barrier layer upon exposure to infrared laser radiation.  The barrier layer is soluble,               
              swellable, dispersible or liftable in the developer solution for the photopolymerizable layer.            
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