Ex Parte Bergh - Page 9

               Appeal 2007-0835                                                                             
               Application 09/950,778                                                                       
                      D.  Conclusion                                                                        
                      We conclude that the Examiner has established by a preponderance of                   
               the evidence that one of ordinary skill in the intensifying screen art would                 
               have found it obvious at the time of the invention to have provided the                      
               protective layer of Yamane’s screen with a urethane acrylate binder and a                    
               surface roughness between 2 and 10 microns.  Appellant has not convinced                     
               us of a reversible error by the Examiner nor overcome the Examiner’s                         
               reasonable conclusion of obviousness by a showing of secondary                               
               considerations.                                                                              

                                           III.  OTHER ISSUES                                               
                      In the event of further prosecution, the Examiner should consider the                 
               relevance of EP-A 0 510 754 to the issue of patentability.  This document,                   
               cited in the Specification at page 3, line 36, describes a screen with an                    
               embossed protective coating with a roughness optimized to prevent sticking,                  
               friction, and electrostatic attraction (EP '754, p. 3, ll. 35-49) and suggests               
               that a roughness of 3 microns for a protective coating 8 microns thick                       
               provides favorable image sharpness (EP '754, p. 4, ll. 13-14) and includes                   
               examples of screens with a roughness range of 1-8 microns (EP '754, p. 8, ll.                
               48-49; fig. 1).  This document also suggests the use of urethane acrylates in                
               the radiation curable composition for forming the protective coating (EP                     
               '754, p. 5, ll. 9-46; p. 8, ll. 24-30).                                                      

                                              IV.  DECISION                                                 
                      With regard to the decision of the Examiner to reject claims 1, 2, and                
               4-12 as obvious under 35 U.S.C. § 103(a), we AFFIRM.                                         

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