Appeal No. 1997-1619
Application No. 08/278,154
Deschamps as to this claim limitation nor established a cogent nexus between the
formation of a reflective layer and a vacuum seal. The reference teaches that the vacuum
spaces within the sphere or fiber are created when the sphere or fiber is formed (column 3,
lines 10-13; column 5, lines 35-40) and the continuous layer is added thereafter as a
reflective layer (column 3, lines 24-28; column 5, line 54, through column 6, line 3). A
vacuum may be created in the interstitial spaces between the spheres or fibers after the
continuous reflective layer is added to the spheres or fibers (column 4, lines 3-16; column
5, lines 45-54). The reflective layer is a thin film on the order of 1 to 5 microns thick
(column 2, lines 10-15; column 3, lines 35-50; column 4, lines 38-40).
By contrast, the presently claimed method calls for the solidification of the liquid
material to form an air-tight, encapsulated article. The vacuum is maintained in the
chamber when the encapsulating material solidifies. The encapsulating material is of
sufficient strength to maintain the integrity and vacuum characteristics of the chamber.
Examples IV, V, VII, and IX in the present specification disclose encapsulating materials
on the order of 1/16 inch thick, i.e., about 1600 microns.
Thus, on this record, the examiner has provided no basis for concluding that the
reflective layer taught by Deschamps would have sufficient strength to maintain the integrity
and vacuum characteristic of the at least one chamber.
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