Appeal No. 2005-0708 Application No. 09/968,967 structure comprising at least two layers, each layer being made of at least one material chosen from MgF2, CeF3, ZnS, ZnSe, Si, SiO2, Ge, Te, Fe2O3, Pt, V, Al2O3, MgO, Y2O3, S2O3 [sic], SiO, HfO2, ZrO2, CeO2, Nb2O5, Ta2O5, TiO2, Ag, Al, Au, Cu, Rb, TI, Ta, W, Zn, MoS2, Cr, mica oxide, and cryolite, and said particulate phase additionally comprising at least one pigment, other than said goniochromatic pigment, present in a quantity of 0.01 to 5% by weight. The examiner has relied upon the following references as evidence of obviousness: Simon FR 2 777 178 A1 Oct. 15, 1999 (French Patent) Medelnick et al. (Medelnick) DE 199 07 313 A1 Aug. 24, 2000 (German Offenlegungsschrift)2 Claims 1, 4, 6-13, 19-24, 26-27, 30, 33 and 37-48 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Medelnick (Answer, page 3). Claims 29 and 34-36 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Medelnick in view of Simon (Answer, page 6). Based on the totality of the record, we affirm both grounds of rejection on appeal essentially for the reasons stated in the Answer and those reasons set forth below. 2 2We rely upon and cite from full English translations of each reference, previously made of record. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007