Appeal No. 2006-0511 Page 6
Application No. 10/258,312
oligomer, and 1 to 2.5 pbw of known classes of photoinitiators such
as quinones, benzophenones, and peroxides (Wang, col. 4, l. 56-col.
6, l. 1). Appellants disclose photosensitive elastomeric layers
which preferably comprise at least 60 weight % of a
poly(styrene/isoprene/styrene) block copolymer with a non-elastomer
to elastomer ratio of 10:90 to 35:65, 10 to 20 weight % of at least
one compound capable of addition polymerization such as multi-
functional acrylates or a polyacryloyl oligomer, and a known class
of photoinitiator such as quinones, benzophenones, and peroxides
(specification, page 4, l. 12-page 5, l. 32). Since the examiner
has found that Wang discloses the same materials as appellants to
form the at least one photopolymerizable elastomeric layer, and
these materials function in the same way in the same process as
appellants’ materials function in their process, we determine that
the examiner has established a reasonable belief that the
elastomeric layer of Wang would have properties within the scope of
the ranges of properties recited in the claims on appeal. See In
re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); In re
Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990).
As held by one predecessor of our reviewing court:
...[W]here the Patent Office has reason to believe that a
functional limitation asserted to be critical for
establishing novelty in the claimed subject matter may,
in fact, be an inherent characteristic of the prior art,
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