Appeal No. 2005-0914 Page 5
Application No. 09/843,219
to meet her burden of demonstrating that the combination of Ohno and Motion
teach a composition wherein the “fixed color dye” is “located exterior to the
dispersed photochromic composition.” Accordingly, we reverse the rejection of
claims 33, 35 and 40 under 35 U.S.C. § 103 as being unpatentable over Ohno in
view of Motion.
Ohno in view of Akashi:
The examiner relies on Ohno as set forth above. According to the
examiner (Answer, page 5), Ohno “fails to teach [a] photochromic composition
comprising a benzene derivative and a binder.” To make up for this deficiency,
the examiner relies on Akashi to teach photochromic compositions comprising
binders wherein the photochromic polymers have a benzyl group. The examiner,
however, failed to meet her burden of demonstrating that the combination of
Ohno and Akashi teach a composition wherein the “fixed color dye” is “located
exterior to the dispersed photochromic composition.” Accordingly, we reverse
the rejection of claims 34 and 41 35 U.S.C. § 103 as being unpatentable over
Ohno in view of Akashi.
Ohno in view of Coates:
The examiner relies on Ohno as set forth above. According to the
examiner (Answer, page 6), Ohno “fails to teach [a] thermochromic composition.”
To make up for this deficiency, the examiner relies on Coates to teach
“thermochromic cholesterol liquid crystalline phases useful in cosmetics in
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