Ex Parte CANAVAN et al - Page 12


                Appeal 2007-0554                                                                                 
                Reexamination Nos. 90/006,118 & 90/006,254                                                       
                Patent 6,196,681 B1                                                                              
                       for separating the adjacent ones of the base sections 20 as well as the                   
                       contact sections 21 so as to provide the face contact means 2 with                        
                       better compliance with the wearer’s face contour.                                         
                       Lin shows eyewear having “a transparent lens portion detachably                           
                secured to the hard portion [of a unit frame] and depending from the brow                        
                portion thereof” (Br. App. Claim 3).   We conclude that it would have been                       
                obvious to a person having ordinary skill in the art reading Conway and Lin                      
                to detachably secure a lens to the hard brow bar portion of Conway’s                             
                eyewear in light of Lin’s teaching.  Conway explicitly states (Conway, p. 7,                     
                last two sentences; emphasis added):                                                             
                       [V]arious modifications may be made to the invention as would be                          
                       obvious to one skilled in the art.  For example, the inventive method                     
                       may be used to form individual eye rims which are secured together                        
                       with a separate bridge component, or to form a single brow bar to                         
                       which single or paired lenses are mounted.                                                
                       Moreover, we find no reversible in the Examiner’s conclusion that it                      
                would have been obvious to persons having ordinary skill in the art to use a                     
                single co-injection mold to make the eyewear described or suggested by                           
                Conway with the lens securing hard portion of the unitary structure                              
                including vertically positioned mounting blocks 35 and venting notches 36                        
                of the type depicted in Bolle’s Figure 1.   Appellant argues that a person                       
                having ordinary skill in the art would find it impossible to impart Bolle’s                      
                design into Conway’s unitary structure (Br., pp. 15-16).  We disagree.                           
                Conway mounts his lenses to the hard outer portion of the single brow bar,                       
                unitary structure of its eye covering.  Appellant has not explained why                          
                Bolle’s mounting blocks/notches for detachably mounting lenses to its frame                      

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