Ex parte PEMBER - Page 9




          Appeal No. 98-0103                                         Page 9           
          Application No. 08/248,745                                                  


          the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,               
          1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208              
          USPQ 871, 881 (CCPA 1981).                                                  


               Independent claims 1 and 16, recite, inter alia, a license             
          plate cover apparatus comprising a substantially flat piece of              
          laser absorptive material which absorbs more than 60% of laser              
          energy generated by a laser beam impinging upon a surface of the            
          laser absorptive material.  Independent claim 10, recites, inter            
          alia, a license plate cover apparatus comprising a substantially            
          flat piece of laser absorptive material which absorbs more than             
          60% of a predetermined wavelength generated by a laser beam.                


               In our opinion, the combined teachings of all the applied              
          prior art (i.e., Kluck and the absorptive materials admitted on             
          page 7 of the specification to be well known) would not have been           
          suggestive of providing a license plate cover apparatus with a              
          substantially flat piece of a laser absorptive material which               
          absorbs either (1) more than 60% of laser energy generated by a             
          laser beam impinging upon a surface of the laser absorptive                 
          material, or (2) more than 60% of a predetermined wavelength                
          generated by a laser beam.  Thus, we are constrained to reverse             








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