Appeal No. 1997-0218
Application No. 08/182,757
D. Claims 50, 51 and 66
Claims 50, 51 and 66 are directed to a laminated glazing
unit comprising at least two layers of a plasticized polyvinyl
chloride film disposed between two glass sheets wherein
adjacent layers of polyvinyl chloride film have different
levels of plasticization.
According to the examiner, it would have been obvious to
one of ordinary skill in the art to vary the level of
plasticizer in the polyvinyl chloride film(s) to achieve
desired properties. See Answer, p. 9. However, appellants
(Brief, p. 16):
[S]trongly disagree with the Examiner's assertion
that the use of multilayered plasticized PVC
containing film with different hardness layers is
"within the skill of art to optimize for an intended
application." There is nothing in the references to
suggest this. In the response filed April 3, 1995,
applicants specifically requested that the Examiner
provide any specific information which might support
this conclusion in an affidavit as required by 37
CFR 1.107(b) [(1995)]. No such affidavit had been
introduced.
Based on the record before us, appellants timely
requested that the examiner provide support for the conclusion
that the use of a multilayered plasticized polyvinyl chloride
film having different levels of plasticization would have been
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