Ex Parte 6196681 et al - Page 9


                     Appeal 2007-0554                                                                                                             
                     Reexamination Nos. 90/006,118 & 90/006,254                                                                                   
                     Patent 6,196,681 B1                                                                                                          
                     494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974) (“a lack of novelty                                                       
                     in the claimed subject matter, e.g., as evidenced by a complete disclosure of                                                
                     the invention in the prior art, is the ‘ultimate or epitome of obviousness’”).                                               
                              We also find that the nose pieces depicted in Fecteau’s Figures 25A                                                 
                     and 25B and the eyewear depicted in Fecteau’s Figures 19-21, as explained                                                    
                     in the written description of Fecteau’s Figures 20, 25A and 25B at col. 9, l.                                                
                     22, to col. 10, l. 6, anticipate the unitary structure defined by Appellant’s                                                
                     Claim 1.  Fecteau’s nosepiece is “formed by a two-shot process in a single                                                   
                     mold that chemically bonds the soft portion to the hard portion” (Br. App.                                                   
                     Claim 1).  Fecteau teaches (Fecteau, col. 9, ll. 37-59; emphasis added):                                                     
                                      Also in a preferred embodiment, lower section 28 (which                                                     
                              contacts the wearer’s nose) is made from a material having . . .  a                                                 
                              different durometer (e.g., softer or stiffer) relative to the material                                              
                              comprising the remaining portion of the nose piece.  For example, the                                               
                              material in the nose pad 28 may be comprised of a softer material                                                   
                              such as rubber, silicone, soft thermoplastic materials or soft foam                                                 
                              materials and the material in the extended clip-on section 30 may be                                                
                              comprised of hard thermoplastic materials (i.e., polycarbonate, ABS,                                                
                              nylon), hard foams or metals.                                                                                       
                                      In accordance with a novel feature of the present invention, the                                            
                              two sections 28 and 30 of differing materials are made in a single co-                                              
                              injection molding step as opposed to prior art processing whereby the                                               
                              two sections 28, 30 would be separately molded and thereafter bonded                                                
                              together.  By co-injection molding of the nose piece, substantial                                                   
                              savings in both processing time and assembly is achieved.  The co-                                                  
                              molded sections 28, 30 would remain bonded either through a                                                         
                              chemical bond (through proper selection of the two co-molded                                                        
                              materials) or through a mechanical bond, or more preferably, through                                                
                              a combination of a chemical and mechanical bond.                                                                    



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