Appeal No. 2004-1951
Application No. 10/025,684
The examiner relies upon the following references as
evidence of obviousness.
Kehal 6,043,304 Mar. 28, 2000
Gareiss et al. (Gareiss) 6,184,282 Feb. 06, 2001
(applicable filing date Mar. 04, 1998)
Andes et al. (Andes) 6,280,520 Aug. 28, 2001
(filed Apr. 19, 1999)
Fujita (JP ‘291) JP 8-41291 Feb. 13, 1996
Appellants’ claimed invention is directed to a laser
markable polymer composition comprising a polymer, antimony
trioxide and a nacreous pigment. According to appellants, “the
laser markings formed during use of the composition by exposure
of the composition to irradiation with laser light are darker
than the color of the polymer composition which has not been
exposed to irradiation with laser light” (page 5 of brief of
principal brief, penultimate paragraph).
Appealed claims 1-11 and 23-28 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over JP ‘291 in view
of Andes and Kehal or Gareiss.
Upon careful consideration of the opposing arguments
presented on appeal, we find ourselves in agreement with
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