Ex Parte Nishimura - Page 4




             Appeal No. 2004-2330                                                              Page 4               
             Application No. 09/986,977                                                                             


                           the ground coating.  In this manner, the ground coating                                  
                           yields iridescent patterns, and the metal film layer yields a                            
                           metallic mirrored surface, improving the appearance of the                               
                           design [specification, page 1 and 2].                                                    

                    The examiner appears to concede on pages 3 and 5 of the answer that neither of                  
             the primary references, Kazuya and Mamoru, relied upon by the examiner in rejecting                    
             the claims teaches or suggests a ground film-layer formed by a paint coat and a metal                  
             film layer providing a mirroring effect and being formed semi-transparently2 as a layer                
             on the ground film-layer side.  The examiner’s conclusion of obviousness is grounded                   
             on the position that Manabe teaches such a ground film layer/metal film means coating                  
             and would have suggested the provision of such on the reel body of Kazuya and of                       
             Mamoru.  As more fully explained below, we agree with appellant that Manabe would                      
             not have suggested a semi-transparent coating of a metal film means on a ground film-                  
             layer.                                                                                                 
                    Manabe discloses flexible lustrously metallized resinous molded articles                        
             comprised of thermoplastic resinous moldings as a substrate overlaid with a base coat,                 
             a metal film and a protective top coat, in that order, as well as a process for the                    
             manufacture of such articles (column 1, lines 11-19).  A flexible polyurethane paint is                
             used as the base coat; a metal such as copper, silver, nickel, chromium or alloys such                 
             as stainless steel and nickel-chromium are suitable for use as the metal film; and a                   

                    2 We presume that the examiner’ reference to a “transparently” formed layer was an inadvertent  
             error, in light of the fact that the claims call for a “semitransparently” formed layer and in light of the
             examiner’s discussion of the term “semi-transparent” on pages 6 and 7 of the answer.                   





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