Appeal 2006-3158
Application 09/945,764
claim 8 on appeal); (2) the flexural rigidity of the master for thermosensitive
printing is 5 mN or more (¶ [0011] and [0013]; compare with the
Specification 6); (3) the master, when punctured so that the thermoplastic
resin film surface will be at least 20% by open surface area ratio, will have a
measured value with a gas permeability tester in the range of 1-157
cm3/cm2·sec (¶ [0013]; compare with the Specification 6) (4) the average
hole diameter in the porous resin film 4 is generally from 1 to 50 microns (¶
[0019]; compare with the Specification 5); (5) the porous resin film 4 has a
thickness in combination with the thermoplastic resin film of no more than 7
microns, a quantity of 0.5 to 25 grams per square meter, and a density from
0.01 to 1 gram per cubic centimeter (¶ [0020], [0028] and [0029]; compare
with the Specification 6); (6) the porous resin film may be made from the
same type of resins as disclosed by Appellant for its porous resin film (¶
[0037]; Specification 7-8); (7) the thermoplastic resin film is made from
“those used in the past for masters for thermosensitive stencil printing” (¶
[0063]); and (8) the porous resin film may be made by the same method as
disclosed by Appellant (e.g., ¶ [0047] et seq.; Specification 9-12). As taught
by JP ‘075, it is important for the “stiffness strength” of the master to
increase while not affecting the image quality (¶ [0108]). Accordingly, in
view of the commonality of properties, materials, and methods of
preparation, we determine that a prima facie case has been established that
the tensile strength of the porous fiber film taught by JP ‘075 would be the
same or substantially similar to the claimed tensile strength of the porous
reinforcing layer. See In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655,
1658 (Fed. Cir. 1990); In re Best, 562 F.2d 1252, 1255, 195 USPQ 430,
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