Ex Parte Moravec et al - Page 1



               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                    Ex parte THOMAS J. MORAVEC, MARTIN L. HAGE,                       
                                        and                                           
                                 EDWARD A. TRAVNICEK                                  
                                    _____________                                     
                                Appeal No. 2004-2352                                  
                             Application No. 09/854,419                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before CAROFF, GARRIS, and OWENS, Administrative Patent Judges.             
          CAROFF, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner’s final                 
          rejection of claims 1, 3-10, 13-17 and 19.                                  
               The appealed claims relate to a multilayer photochromic                
          element which includes a photochromic layer having a polyester              
          urethane binder component.1                                                 
               1We note that appellants’ brief repeatedly refers to the binder        
          component as being composed of a “polyether” urethane.  We presume          
          that appellants meant to refer to “polyester” urethanes as recited in       
          the claims, and that the references to polyether urethanes were made        
          in error.                                                                   




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