ROSENTHAL v. MAGEE - Page 24




              Interference No. 104,403                                                                                     

                  another angle provided a clear view through to the actual contents of                                    
                  the packaging.  Therefore, the testimony of Dr. Lauter corroborates                                      


                  that a lens system that was suitable for packaging was in existence on                                   
                  August 14, 1992.                                                                                         
                         In any case, we do not find the argument of the senior party                                      
                  persuasive because (1) we do not think that the above-referenced                                         
                  statement made by Rosenthal establishes that the lens sheet depicted                                     
                  in Exhibit 2141 would not work for its intended purpose and because                                      
                  (2) it has not been established that the lens sheet depicted in Exhibit                                  
                  2118 is not thinner than the lens sheet depicted in Exhibit 2141.                                        
                         In regard to the senior party’s assertion that the lens sheet                                     
                  depicted in Exhibit 2141 would not work for its intended purpose                                         
                  because Rosenthal stated that it might be necessary to make it thinner,                                  
                  we note that the statement itself states that packaging and other                                        
                  graphic purposes was one of the objects  of the invention.  In our view,                                 
                  the major objective or intended purpose of the invention of the ‘226                                     
                  patent is to provide a lenticular optical system in which a composite                                    
                  image is viewable through a lens sheet from a first angle and an object                                  
                  or image placed at a preselected distance beneath the composite                                          
                  image is viewable from a second angle (col. 2, lines 34 to 39). The use                                  

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