Ex parte REITZ - Page 3




               Appeal No. 95-2489                                                                                                  
               Application 07/826,207                                                                                              

                       substantial numbers of said aggregate particles each including a photovoltaic core and a                    
                       dielectric shield;                                                                                          

                       said dielectric shield at least partially encapsulating said photovoltaic core;                             
                       said photovoltaic core including bipolar junction diode material which  generates an electric               
                       potential in the presence of light;                                                                         

                       whereby said electroviscous fluid has an electroviscous response upon exposure of at least                  
                       some [sic] said photovoltaic cores to light and to an externally applied electric field.                    

                                                           References                                                              

                       The following references are relied upon by the examiner in support of the rejection of the claims          

               for obviousness:                                                                                                    

                       Block et al. (Block)                  4,687,589                      Aug. 18, 1987                          

                       Pedersen                              4,737,886                      Apr.  12, 1988                         
                       Inoue3                                63-97694                       Apr.  28, 1988                         
                                              Japanese Kôkai Patent Publication                                                    

                       Grant et al. (Grant & Hackh’s Chemical Dictionary), Grant & Hackh’s Chemical Dictionary,                    
                              5th Edition, McGraw-Hill, Inc., pp. 120 and 524 (1987).                                              
                                                                                                                                  
                                                            Rejection                                                              

                       Claims 1-5, 7-12, 19, 20, 22 and 26 stand rejected under 35 U.S.C. § 103 as being unpatentable              

               over Block in view of Inoue and Peterson, taken further with Grant & Hackh’s Chemical Dictionary.4                  

               3Our consideration of this reference is based on an English translation which is of record.                         
               4This rejection is a new ground of rejection because none of the rejections stated in the final rejection relied upon the
               Grant & Hackh’s Chemical Dictionary.  See page 7 of the examiner’s answer.  The final rejection included four grounds
               of rejection:  a rejection of claims 5 and 20 under the first paragraph of 35 U.S.C. § 112, a rejection of claims 6 and 23 under
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