Ex parte JAIN - Page 9




          Appeal No. 1997-0689                                                        
          Application No. 08/047,238                                                  


          Additionally, the examiner has pointed to no teachings from                 
          the prior art suggesting a desire for the ability to transmit               
          infrared radiation during one period and reflect, deflect, or               
          absorb infrared radiation during another                                    
          period, as required by claim 1.  Therefore, we must reverse                 
          the obviousness rejection of claims 1, 12, 23, 24, 26, and 27.              
               With respect to claims 14, 18, and 25, Gerritsen I,                    
          Tietig, and Lueder do not cure the deficiencies in the                      
          combination of                                                              


          Zhang and Gerritsen II.  Accordingly, we will reverse the                   
          rejections of claims 14, 18, and 25.                                        
                                     CONCLUSION                                       
               We have affirmed the rejection of claim 23 under 35                    
          U.S.C.  § 112, first paragraph.  We have reversed the                       
          rejection of claims 1, 12, 14, 18, and 23 through 27 under 35               
          U.S.C. § 103.  As a result, the decision of the examiner is                 
          affirmed-in-part.                                                           
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
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