Appeal No. 2003-0091
Application No. 09/298,640
Fischer discloses an impact resistant transparent laminate
comprising an interior ply 13 which can be made from any number
of suitable materials including polyvinyl butyral and copolymers
of ethylene/methacrylic acid ionomers (see column 4, lines 52
through 68).
Since Fischer does not cure the above noted shortcoming of
Schimmelpenningh relative to the subject matter recited in parent
claim 1, we shall not sustain the standing 35 U.S.C. § 103(a)
rejection of dependent claims 12 and 13 as being unpatentable
over Schimmelpenningh in view of Fischer.
We shall sustain, however, the standing 35 U.S.C. § 103(a)
rejection of claims 28 and 29 as being unpatentable over
Schimmelpenningh in view of Fischer.
Claim 28 depends from claim 22 and further defines the
penetration resistant sheet as comprising an ionoplast polymeric
material. Claim 29 depends from claim 28 and further defines the
ionoplast polymeric material as comprising ethylene/methacrylic
acid copolymers. Notwithstanding the appellant’s argument to the
contrary (see pages 8 and 11 in the main brief and pages 3 and 4
in the reply brief), Fischer’s express teaching of polyvinyl
butyral and copolymers of ethylene/methacrylic acid ionomers as
suitable alternatives for use as an interlayer in an impact
12
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