Ex parte KRISL et al. - Page 9




          Appeal No. 96-1615                                                          
          Application 08/249,650                                                      



          transmittance from about 400 to 770nm. on average and at least              
          about 90% transmittance at about a 30E angle between about 400              
          to 700nm."  Finally, we note that each independent claim on                 
          appeal recites this 30E angle, whereas Martin appears silent                
          as to any angular representation other then what the artisan                
          may be able to perceive as a normal 90E representation.                     
               In view of the foregoing, we have reversed the rejection               
          of all claims on appeal under the first paragraph of 35 U.S.C.              
          § 112.  Additionally, we have reversed the alternative                      
          rejections of each independent claim on appeal under 35 U.S.C.              
          § 102 and 35 U.S.C. § 103.  It follows then that we cannot                  
          sustain the                                                                 
          rejection of the remaining dependent claims under 35 U.S.C. §               
          103 in light of additional prior art.  Therefore, the decision              
          of the examiner rejecting the claims on appeal is reversed.                 
                                      REVERSED                                        




                                                       )                              
                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
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