Appeal 2006-3158
Application 09/945,764
JP ‘075 is “substantially similar” to the “fibrous porous layer” in the present
Specification is not well taken since this “fibrous porous layer” is only
disclosed in the Specification and is not recited in claim 1 on appeal. We
note that the “porous resin layer” that is recited in claim 1 on appeal is
disclosed as “non-fibrous” (Specification 4).
With regard to the tensile strength limitation recited for the porous
reinforcing layer in claim 1 on appeal, we determine that JP ‘075 teaches
that an objective of the invention is a stronger tensile strength to prevent
stretch or cutting of the master during printing and stronger stiffness to
enable transport (¶ [0006]; Answer 4 and 7). We also determine that JP ‘075
teaches that a master for thermosensitive stencil printing is obtained with
“strong stiffness and tensile strength and good image quality are obtained”
(¶ [0114]). We further determine that JP ‘075 teaches that a “porous fiber
film made of a material with strong tensile strength is also laminated onto
the surface of a porous resin film with relatively weak tensile strength, so
stretch when printing with the master can be prevented” (id.; see also ¶
[0068]). Accordingly, we determine that JP ‘075 teaches the identical
relationship between the tensile strength of each layer in the stencil as does
Appellant (Reply Br. 7; Specification 13). As correctly found by the
Examiner (Answer 4-5), JP ‘075 teaches many high tensile strength fibers
that can be used to form the porous fiber film 7 (JP ‘075, ¶ [0008] and
[0066]) and suggests that the material that makes up the porous fiber film is
one with a “strong tensile strength” (¶ [0114]). Additionally, we determine
that JP ‘075 teaches: (1) that the total open area of holes with a diameter of 5
microns or more with true circle conversion is in the range of 4-80% of the
total surface area in the porous resin film area (¶ [0011]; compare with
6
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