Ex Parte Bergh - Page 3

               Appeal 2007-0835                                                                             
               Application 09/950,778                                                                       
                      1.  Luminescent intensifying screen comprising a self-supporting or                   
               supported layer of phosphor particles dispersed in a binding medium and,                     
               adjacent thereto, a protective coating characterized in that said protective                 
               coating comprises a urethane acrylate binder and titanium dioxide as a white                 
               pigment and in that said protective coating has a surface roughness (Rz)                     
               between 2 and 10 µm.                                                                         
                      The references relied upon by the Examiner are as follows:                            
               Van Landeghem   US 4,386,431  May 31, 1983                                                   
               Van Havenbergh   US 6,120,902  Sep. 19, 2000                                                 
               Yamane    US 6,188,073  Feb. 13, 2001                                                        
                      The Examiner rejects claims 1, 2, and 4-12 under 35 U.S.C. § 103(a)                   
               as unpatentable over Yamane in view of Van Landeghem and Havenbergh.2                        

                                             II. DISCUSSION                                                 
                      A.  Issue                                                                             
                      The Examiner’s rejection is based on the teaching in Yamane of a                      
               luminescent intensifying screen including the claimed supported phosphor                     
               layer and a protective coating (Answer 4).  The Examiner acknowledges that                   
               Yamane does not specifically disclose urethane acrylate as a binder in the                   
               protective layer or the level of roughening of the protective layer surface                  
               (id.).  According to the Examiner, it would have been obvious to roughen the                 
               surface of Yamane’s protective layer for the same reasons as Van                             
                                                                                                           
               2 The Examiner listed the rejection of claims 11 and 12 separately in the                    
               Final Office Action, however, the Examiner combines the two rejections as                    
               one in the Answer.  Appellant lists two rejections under separate headings in                
               the Brief but includes no sufficiently specific separate arguments to claims                 
               11 and 12 for separate consideration.  Therefore, we list the rejection as one               
               rejection and select claim 1, the broadest independent claim to represent the                
               issues on appeal.                                                                            
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