Appeal No. 96-3225
Application 08/229,322
All of the claims stand provisionally rejected under the
judicially created doctrine of obviousness-type double
patenting, based upon claims 1 and 38 of copending application
Serial No. 08/241,508 in view of the Danish reference,
Palmquist, Bingham and Belisle. However, the records of the
Patent and Trademark Office indicate that this copending
application became abandoned effective January 16, 1996. Such
being the case, this rejection is rendered moot and cannot be
sustained.
The Rejections Under 35 U.S.C. § 103
The appellant’s invention is directed to a method of
making a transfer sheet material to be used for transferring
retroreflective graphic images from the sheet material to a
substrate, such as is commonly done with imprinting graphic
images upon T-shirts and the like. In accordance with the
requirements of claim 16, transparent microspheres are
embedded in a layer of material on a base sheet and then a
first “imagewise pattern” is printed upon the microspheres of
a first graphic segment of the sheet with a transparent
colorant, which is followed by the printing of a second
“imagewise pattern” on a second graphic segment of the sheet
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