Ex parte STEININGER et al. - Page 3




                 Appeal No. 96-1936                                                                                                                     
                 Application No. 08/274,695                                                                                                             


                 somewhat inclined viewing direction.  Thus the anticopy film functions in a manner similar                                             
                 to a venetian blind.   Accordingly, a document covered with such an anticopy film is                                                   
                 unreadable straight on, but readable at a convenient angle, and since copiers capture their                                            
                 images perpendicularly to the document being copied, the document is rendered                                                          
                 uncopyable.  Although the claims on appeal, as drafted, are not a model of clarity, the                                                
                 claimed subject matter can be understood when read in light of the specification and the                                               
                 drawings, particularly figure 6.                                                                                                       
                          As evidence of obviousness, the examiner has cited Curtis and Austin, each of                                                 
                 which deals with methods for applying foamable resinous compositions to a substrate to                                                 
                 make textured surface covering materials for use as floor coverings, wall coverings, shelf                                             
                 coverings and working tops.  Although these references disclose that the coverings may                                                 
                 be provided with a printed pattern for decorative purposes, there is no teaching in the                                                
                 references regarding an anticopy function.  Thus the references do not teach the need for                                              
                 precisely placed printed strip-like coatings capable of providing an anticopy function as                                              
                 required by the appealed method.  Apparently, because the claim language “anticopy film”                                               
                 appears in the preamble of the claims, the examiner considers this language as defining                                                
                 an intended use of the film and has given it no weight.  Here, the claim language in                                                   
                 question necessarily imposes additional functional and structural limitations on the claimed                                           




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