Ex parte KIESER et al. - Page 5




              Appeal No. 1998-1412                                                                                      
              Application No. 08/397,124                                                                                


               density polyethylene having a green interference pigment and a blue colorant dispersed                   
               therein.  These sheets can be cut into pieces and mounted between two pieces of glass.                   
               (Column 6, lines 8-31).  Armanini discloses the transmission color is determined by                      
               holding the object, e.g. slides, to daylight to observe the colors produced.  (Column 3,                 
               lines 57-66).  Accordingly, we conclude that the sheets function as a solar screening                    
               material within the scope of the claimed subject matter.                                                 
                      The claimed invention is directed to a composite, suitable for use as a solar                     
               radiation screening material, comprising a green interference pigment and a                              
               transparent polymer.  Armanini’s Example 4 describes a composite material within the                     
               scope of claim 12.  The material of Example 4 is said to have a purple transmission                      
               color.  (Column 6, lines 26-27).  Armanini discloses the transmission color of the                       
               formed products are determined by viewing the products visually in daylight.  (Column                    
               3, line 57 to column 4, line 1).  Thus, the determination of the transmission color of                   
               the Example 4 product would also function to screen solar radiation from the daylight.                   
                      Appellants urge Armanini is directed to decorative effects and there is no                        
               motivation to deduce the present invention.  Appellants also urge, “the use of                           
               Armanini’s article as covering for greenhouses would have the disadvantage that                          
               incident light which is utilizable for the plant would be absorbed by the absorption                     
               pigment.” (Brief, paragraph bridging pages 4 and 5).  Armanini’s Example 4 discloses a                   

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