Appeal No. 2001-2635
Application 09/168,083
Appellants argue, among other things, that the examiner’s
position on sizing of the metal particles in Murphy to be of an
average diameter in the range of 10 to 50 micron and of an
average thickness in the range of 50 to 500 angstroms, as set
forth in claim 9 on appeal, amounts to an invitation to
experiment without any guidance in Murphy as to the desirability
of the proposed modification. In that regard, appellants point
out that the direction provided in Murphy vis-a-vis particle size
is toward large reflective particles, so that each individual
particle forms an individual “glitter speck” (col. 4, lines 13-
16), and is thus away from appellants’ dispersion of minute metal
particles which are more than 200 times smaller than the
particles disclosed in Murphy. Moreover, appellants urge that the
test data beginning on page 6 of the specification and continuing
through page 11, line 11, as well as the reasons set forth on
page 4 of the specification for having the particular size ranges
set forth in claim 9 establish criticality of the claimed
parameters.
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