Appeal No. 2000-1213
Application No. 08/566,006
However, nowhere does the Brief provide the substantive arguments
for the separate patentability of the subject matter of the
individual claims on appeal consistent with 37 CFR § 1.192(c)(7)
and (c)(8) (1999). See, e.g., Brief, page 7. Therefore, for
purposes of this appeal, we select claim 8, the broadest claim on
appeal, and decide the propriety of the grounds of rejection set
forth by the examiner. See 37 CFR § 1.192(c)(7)(1999). Claim 8 is
reproduced below:
8. Cellular flexible retroreflective sheeting having a width and
length of no less than 12 inches by 12 inches comprising:
a first film of transparent thermoplastic material having a
plurality of cubecorner reflective elements formed on one face
thereof;
a second film of thin thermoplastic material disposed adjacent
to said one face and covering said reflective elements; and
a plurality of continuous and uniform welds formed between
said films by ultrasonically fusing said films together, said welds
defining a continuous array of closed hermetically-sealed cells
each having multiple retroreflective elements with air gaps between
said reflective elements and said second film.
The prior art references relied upon by the examiner are:
McGrath 4,025,159 May 24, 1977
Bergeson et al. (Bergeson) 4,637,950 Jan. 20, 1987
Nelson et al. (Nelson) 4,895,428 Jan. 23, 1990
Szczech 5,138,488 Aug. 11, 1992
Walter 5,171,624 Dec. 15, 1992
Martin 5,264,063 Nov. 23, 1993
Coderre 5,272,562 Dec. 21, 1993
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