Ex Parte JAPP et al - Page 4



          Appeal No. 2004-1073                                                        
          Application No. 09/046,105                                                  

          to a radiation-absorbing glaze on a quartz glass envelope and               
          Miyauchi is directed to a colored film-coated glass article.                
          Neither Loughridge nor Miyauchi provides any teaching or                    
          suggestion that the oxides of copper and chromium can be                    
          effectively used in glass fiber compositions.  Likewise, neither            
          of the primary references provides any general teaching that a              
          variety of known UV-absorbing agents can be effectively used in             
          making glass fiber compositions.  Hence, in the absence of the              
          requisite teaching or suggestion in either the primary or                   
          secondary references, we must concur with appellants that the               
          examiner's conclusion of obviousness is based more upon the use             
          of impermissible hindsight than the teachings of the applied                
          prior art.  In our view, based on the prior art as a whole, we              
          agree with appellants that it cannot be reasonably presumed that            
          the use of the claimed copper and chromium oxides "would                    
          effectively absorb UV light without adversely affecting other               
          important characteristics required of a woven cloth" (page 7 of             
          Brief, first paragraph).                                                    






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