Ex Parte WEBER et al - Page 3




               Appeal No. 2003-0090                                                                       Page 3                
               Application No. 09/006,379                                                                                       


                                                          OPINION                                                               
                      Claim 21 is directed to a free-standing film.  The film includes a base and an anti-                      
               reflective stack.  The stack is optically coupled to the major surface of the base.  The stack                   
               reduces the reflectivity of the base at the major surface at a particular wavelength range.  The                 
               stack comprises alternating layers of high index and low index polymers.  Claim 21 requires the                  
               base to have a polymer layer.  The specification indicates that the base may include a plurality of              
               alternating layers of different indices of refraction (specification at 4, ll. 6-9).                             
                      Schrenk describes an optical interference film made of multiple layers of polymers with                   
               different indices of refraction.  The film is substantially transparent to wavelengths of light in the           
               visible spectrum (Schrenk at col. 2, ll. 32-37).  Schrenk also characterizes the film as suppressing             
               two or more successive higher order reflections in the visible range of the spectrum (Schrenk at                 
               col. 3, ll. 44-49).  In other words, the film is anti-reflective.  The layers have differing refractive          
               indices in repeating units of ABCB, which, according to the Examiner (Answer at 5) and                           
               undisputed by Appellants, meet the requirements of the alternating “high index” and “low index”                  
               polymer layers.  The Examiner finds that an outer layer of the Schrenk film is a base layer in                   
               accordance with claim 21 (Answer at 3).                                                                          
                      Appellants make two related arguments.  First, they argue that Schrenk does not teach                     
               “the base whose reflectivity is reduced by optical coupling of an anti-reflective stack to a major               
               surface of the base.”  Second, they argue that Schrenk does not teach “an anti-reflective stack                  









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