Ex parte MAHN - Page 6




          Appeal No. 96-3781                                                          
          Application No. 08/259,891                                                  


          been obvious to one of ordinary skill in the art to select the              
          degree of clarity for the protective layer that suits the                   
          desired field of application.                                               
               In conclusion, based on the foregoing, the examiner's                  
          § 103 rejection of claim 10 is affirmed.  The examiner's § 103              
          and § 112 rejections of claims 1-5 are reversed.                            
               No time period for taking any subsequent action in                     
          connec-tion with this appeal may be extended under                          
          37 CFR § 1.136(a).                                                          
                                  AFFIRMED-IN-PART                                    



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOAN ELLIS                    ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         PAUL LIEBERMAN                )                              
                         Administrative Patent Judge   )                              
          clm                                                                         



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