Ex parte BEER et al. - Page 4




          Appeal No. 94-4226                                                          
          Application No. 07/838,345                                                  


          through 17, 20, 23 and 24 is well-founded.  Accordingly, we                 
          affirm the examiner’s decision to reject claims 1, 2, 6, 8, 9, 12           
          through 17, 20, 23 and 24.  However, we reverse the examiner’s              
          decision to reject claims 3, 10, 18, 19 and 25.  Our reasons for            
          these determinations follow.                                                
               As a preliminary matter, we note that appellants argue at              
          page 3 of the Brief that:                                                   
                    The claims do not stand or fall together.  Each of                
               the claims is independently patentable, except that                    
               claims 1, 17, and 20, stand or fall together, for the                  
               reasons outlined below.                                                
          However, claim 20, unlike claim 1, is directed to a product.                
          Accordingly, we will address the limitations of all of the                  
          appealed claims, except for claim 17 which stands or falls with             
          claim 1.  See 37 CFR § 1.192(c)(5)(1993).                                   
               We consider first the § 103 rejection of claims 1, 2, 6, 8,            
          9, 12 through 17, 20, 23 and 24 over the Nishiyama disclosure.              
          Claim 1 recites a process for producing an article having at                
          least one surface exhibiting antireflection properties.  The                
          process involves applying a surface of a polymeric film having a            
          particular surface structure onto at least one surface of the               
          article.  The particular surface structure of the polymeric film            
          is characterized as having “individual, randomly distributed                
          elevations, wherein the elevations rise 0.01 to 15 microns above            
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