Appeal No. 2004-2352
Application No. 09/854,419
Appellants stipulate on page 9 of their brief that all of
the appealed claims stand or fall with the patentability of claim
1. Accordingly, we shall limit our consideration to claim
1 which reads as follows:
1. A laminable photochromic element comprising a
photochromic layer comprising a polyester urethane binder
and a photochromic compound, the photochromic layer adhered
to one surface of a polymeric layer comprising a
polycarbonate resin or a polysulfone resin, wherein the
photochromic layer is sandwiched between two polymeric
layers, each of the two polymeric layers comprising a
polymer selected from the group consisting of polycarbonate
and polysulfone resins.
The prior art references relied upon by the examiner are:
Bhalakia et al. (Bhalakia) 5,757,459 May 26, 1998
Ormsby et al. (Ormsby) 4,889,413 Dec. 26, 1989
Rosthauser et al. (Rosthauser) 6,107,395 Aug. 22, 2000
Additionally, the following reference has been cited by the
appellants:
Bowles et al. (Bowles) 6,187,444 B1 Feb. 13, 2001
All of the appealed claims stand rejected under 35 U.S.C.
§ 103 for obviousness in view of Bhalakia taken in combination
with either Ormsby or Rosthauser.
We have carefully considered the issues in this case in
light of the evidentiary record and the opposing positions taken
by the appellants and the examiner on appeal. Having done so, we
conclude that the examiner has established a prima facie case of
2
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