Ex Parte DLUBAK - Page 11




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

          appellant’s claims since Schimmelpenningh both intended and                 
          appreciated its existence.  See In re Mullin, 481 F.2d 1333,                
          1336, 179 USPQ 97, 99 (CCPA 1973).                                          
               Furthermore, as the excess PVB is ultimately intended to               
          form a self-sealing adhesive 9 bonding the laminated glass panel            
          10 and the inner rigid channel 8, it would have been obvious to             
          extend it from the edges of the exterior and interior transparent           
          sheets a substantially uniform distance around the perimeters of            
          these sheets as recited in dependent claim 25.                              
               Thus, we shall sustain the standing 35 U.S.C. § 103(a)                 
          rejection of claims 22 and 25 as being unpatentable over                    
          Schimmelpenningh.                                                           
               We also shall sustain the standing 35 U.S.C. § 103(a)                  
          rejection of dependent claims 23, 24, 26, 27 and 34 through 36 as           
          being unpatentable over Schimmelpenningh since the appellant has            
          not challenged such with any reasonable specificity, thereby                
          allowing these claims to stand or fall with parent claim 22 (see            
          In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed.               
          Cir. 1987).                                                                 
          IV. The 35 U.S.C. § 103(a) rejection of claims 12, 13, 28 and 29            
          as being unpatentable over Schimmelpenningh in view of Fischer              



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