Ex Parte DLUBAK - Page 13




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

          resistant transparent laminate would have provided the artisan              
          with ample suggestion or motivation to substitute an interlayer             
          of ethylene/methacrylic acid copolymers for Schimmelpenningh’s              
          interlayer of polyvinyl butyral, thereby arriving at the subject            
          matter recited in claims 28 and 29.                                         
          V. The 35 U.S.C. § 103(a) rejection of claims 14 through 17 and             
          30 through 33 as being unpatentable over Schimmelpenningh in view           
          of Bolton                                                                   
               Bolton discloses laminated safety glass comprising an                  
          interlayer 24 formed of one or more bonded layers of plastic                
          chosen on the basis of their flexibility and rigidity (see column           
          4, line 31 et seq.).                                                        
               As Bolton 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 14 through 17 as being unpatentable           
          over Schimmelpenningh in view of Bolton.                                    
               We shall sustain, however, the standing 35 U.S.C. § 103(a)             
          rejection of claims 30 through 33 as being unpatentable over                
          Schimmelpenningh in view of Bolton.                                         
               Claim 30, which is representative of this group, depends               
          from claim 22 and further defines the penetration resistant sheet           


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