Ex Parte DLUBAK - Page 10




          Appeal No. 2003-0091                                                        
          Application No. 09/298,640                                                  

          limitation is not well taken.  Although Schimmelpenningh’s                  
          penetration resistant sheet (PVB interlayer 7) extends from the             
          edges of interior and exterior transparent sheets (glass layers 5           
          and 6) before the laminated glass panel 10 is inserted into the             
          inner rigid channel 8 and autoclaved therewith, the excess PVB              
          takes the form of a self-sealing adhesive 9 in the finished                 
          window and, as is evident from Schimmelpenningh’s drawing figure,           
          no longer extends from edges of the exterior and interior sheets            
          in a direction substantially parallel with planes defined by the            
          exterior and interior sheets.                                               
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103(a) rejection of claim 1 and dependent claims 2, 3, 5                  
          through 11 and 18 through 21 as being unpatentable over                     
          Schimmelpenningh.                                                           
               On the other hand, it is not apparent, nor has the appellant           
          cogently explained, why Schimmelpenningh’s laminated glass panel            
          10, with its penetration resistant sheet (PVB interlayer 7)                 
          extending from the edges of interior and exterior transparent               
          sheets (glass layers 5 and 6), is not fully responsive to the               
          laminated window glass recited in independent claim 22.  That               
          this laminated glass panel constitutes an intermediate product              
          does not diminish its status as a valid reference against the               


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