Appeal No. 2002-0639 Page 6
Application No. 09/372,602
retroreflective sheet containing microsphere-based retroreflective elements which may be used in
retroreflective signs, fabrics, or transfer films (Bingham at 1, ll. 6-9). The microspheres protrude
out of a base layer containing a binder material (resin matrix) and reflective nacreous pigment
flakes (Bingham at 2, ll. 44-56; Fig. 2). A fluorescent pigment may be incorporated in the binder
(Bingham at col. 6, ll. 19-20).
While Bingham suggests a matrix layer of the claimed composition, the claims further
require a disposition of microspheres and/or pigments within matrix regions such that those
matrix regions define a communicative form. The Examiner seizes upon the depiction of
nacreous pigment flakes 18 in Figures 1 and 2 for the conclusion that Bingham teaches
concentrating the flakes under the microspheres such that there is a concentration difference
which forms “a visually appreciable communicative form of brighter light reflection.” (Answer at
4). The problem is that the claims require the different matrix regions to “contrastingly define at
least one communicative form.” One must be able to visually see a difference between the two
matrix regions in order for them to contrastingly define a communicative form. Here, the regions
the Examiner relies upon are the size of a single microscopic sphere and a region between closely
packed microscopic spheres. Microscopic areas, by definition, are not visually appreciable with
the unaided eye. The Examiner has not persuaded us that the microscopic difference in pigment
concentration is visually appreciable so that the two regions contrastingly define at least one
communicative form.
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