Interference No. 104,403
Rosenthal testifies that on August 14, 1992, prior to the filing
date of the Magee ‘525, he prepared a prototype which is depicted in
Exhibit 2142 with conic lenses on the viewing surface and spaced-
apart, raised parallel portions with composite image thereupon and
indented transparent concave lenses in between which permitted the
passage of light (Rosenthal Record pages 34 to 35). Rosenthal also
testifies that he met with Lauter and showed him the prototype of his
lenticular convex/concave sheet (Rosenthal Record page 35). In
addition, Dr. Lauter testified that in the prototype he viewed on August
14, 1992 a viewer could see the sheet appear as an opaque image
material at one angle of view and then from another angle of view, see
the sheet as transparent, thereby providing a clear view through the
sheet to objects behind it (Rosenthal Record page 14). Lauter also
testifies that he viewed Rosenthal’s packaging in which the lens sheet
was used as a window and provided a view of an opaque image at
one angle and a clear view at another angle through to the actual
contents of the package (Rosenthal Record page 14).
In our view, the junior party’s priority evidence establishes that
he had reduced the invention of claims 3 and 11 prior to the effective
date of the Magee ‘525 reference.
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