Appeal No. 2006-0511 Page 4
Application No. 10/258,312
elastomeric block copolymer, a cross-linking agent, and a
photoinitiator (id.). The examiner recognizes that Wang fails to
disclose the melt flow index of the photosensitive elastomeric
layer and the log-log plot of the exposed layer having a specific
slope, as required by claim 1 on appeal (id.). However, it is the
examiner’s “position” that there is a reasonable belief that the
claimed properties would have been inherent in the photosensitive
elastomeric layer of Wang since the components of this layer in
Wang are the same as those disclosed by appellants (Answer, pages
4-5 and 6-7). We agree.
As correctly argued by appellants, Wang does not disclose or
suggest a melt flow index and slope of G’ for the
photopolymerizable elastomeric layer as required in the claims on
appeal (Brief, page 3; see the Answer, page 4). Appellants further
argue that even though the photopolymerizable elastomeric layers of
Wang include at least one thermoplastic binder, at least one
compound capable of addition polymerization, and a photoinitiator,
not all photopolymerizable elastomeric layers exhibit a melt flow
index and slope of G’ within the claimed values (Brief, page 3).
Appellants argue that the Examples in their specification establish
that not all photopolymerizable elastomeric layers exhibit melt
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