Appeal No. 2003-1928
Application No. 09/511,833
type of barrier layer is one which is soluble, swellable or dispersible in the developer solvent
prior to exposure to actinic radiation, but is not affected by the developer solvent after
exposure to actinic radiation. Fan does not indicate that wax, wax-like or resinous materials
are suitable for use in the barrier layer.
Neither Chang or Shuman suggest the advantages or suitability of using wax, wax-
like or resinous materials in Fan’s flexographic element. There is no indication that the
thermal imaging release layer comprising wax, wax-like or resinous materials as described
by Chang would have the properties required by Fan. Specifically, there is no indication that
the materials of the thermal imaging release layer are soluble, swellable, dispersible or
liftable in developer solutions for the photopolymerizable layer. Similarly, there is no
indication that the thermal ink transfer laminate release layer comprising wax and resinous
materials as described by Shuman would have the properties required by Fan. Here again
there is no indication that the materials of the thermal ink transfer laminate release layer are
soluble, swellable, dispersible or liftable in developer solutions for the photopolymerizable
layer. The Examiner has not made this assertion nor has the Examiner directed us to
evidence which would support this position.
We agree with Appellant, Brief page 5, that the Examiner’s motivation for
substituting the resinous binder of Fan with the wax or wax like material of Chang is based
on a misunderstanding of Chang. Contrary to the Examiner’s position, Chang does not teach
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