Ex parte KOBAYASHI et al. - Page 9




          Appeal No. 1999-0349                                                        
          Application 08/621,379                                                      


          polarization-direction changing film.  We find that Hashimoto               
          and Wood do not provide any suggestion of the specific claimed              
          location of the reflection film; i.e., disposed between the                 
          polarization-direction changing film and the first glass                    
          plate.                                                                      
               The examiner takes the position (answer, page 4) that                  
          antireflection films are old and well known and that it would               
          have been obvious to have added an antireflection film to the               
          inner window of Hashimoto.  The appellants assert (brief, page              
          10) that appellants requested (Amendment filed April 23, 1998               
          under 37 CFR § 1.116, Paper No. 11) that the examiner provide               
          evidence to support the examiner’s assertion.  We note that in              
          the amendment (page 8), the appellants requested the examiner               
          to provide a reference to support the examiner’s assertion and              
          to establish that it would have been obvious to have used an                
          antireflection film on the inner window of Hashimoto.  The                  
          examiner asserts (answer, page 6) that the appellants’                      
          traversal of the examiner’s well-known statement is untimely                
          because it was not made in the amendment following the Office               
          action in which the well-known statement was made.  The                     


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