Ex Parte Sloot - Page 8




            Appeal No. 2004-1917                                                          Page 8              
            Application No. 09/853,096                                                                        


                   Kuroda's invention relates to a die for making a beaded article having a support           
            layer on which a bottom layer and a top layer of sheet material are superimposed.  The            
            top layer is heat bonded to the bottom layer and both are heat bonded to the support              
            layer along a circumferentially complete narrow annular zone.  In the area                        
            circumscribed by the annular zone the top layer is provided with a raised self-supporting         
            bead-like prominence which contains ornamental particles visible to a viewer because              
            the top layer is of transparent material.  The die has a base portion from which extend           
            projections whose free end faces are formed with recesses which are bounded by                    
            annular cutting edges located in the plane of the respective endface, and by a                    
            bevelled shoulder which is inwardly inclined away from the associated cutting edge.1              


                   The appellant argues (brief, pp. 4-9) that (1) Anello does not teach or suggest            
            that one of the layers be retroreflective; and (2) that neither Richards nor Nestegard            
            provide the required motivation for a person of ordinary skill in the art to have modified        
            one of the layers of Anello's toy to be retroreflective.                                          








                   1 Kuroda was not utilized by the examiner in determining the obviousness of the subject matter of
            claim 1.                                                                                          






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