Ex Parte Mengel et al - Page 3



          Appeal No. 2006-0511                                       Page 3           
          Application No. 10/258,312                                                  
               The examiner has relied on the following references as                 
          evidence of unpatentability:                                                
          Peterson et al. (Peterson)     0 469 735 B1        Feb. 05, 1992            
          (published European Patent Application)                                     
          Wang et al. (Wang)             0 665 469 A2        Aug. 02, 1995            
          (published European Patent Application)                                     
               Claims 1-4, 6-28, 31-32, 34, 36-38 and 40 stand rejected under         
          35 U.S.C. § 102(b) as anticipated by Wang (Answer, page 3).  Claims         
          5, 29 and 30 stand rejected under 35 U.S.C. § 103(a) as                     
          unpatentable over Wang in view of Peterson (Answer, page 5).  Based         
          on the totality of the record, we affirm both rejections on appeal          
          essentially for the reasons stated in the Answer, as well as those          
          reasons set forth below.                                                    
          OPINION                                                                     
               A.  The Rejection over Wang                                            
               The examiner finds that Wang discloses a process for producing         
          a flexographic printing plate by providing a photosensitive                 
          element, imagewise exposing the element to actinic radiation to             
          polymerize areas exposed to the radiation, and thermally treating           
          the exposed element to remove unpolymerized material from the               
          element to yield a relief surface (Answer, page 4).  The examiner           
          also finds that the photosensitive element includes at least one            
          photosensitive elastomeric composition comprising a thermoplastic           





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