Appeal No. 2005-0914 Page 7
Application No. 09/843,219
Ohno in view of Coates and Akashi:
The examiner relies on the combination of Ohno and Coates as set forth
above. According to the examiner (Answer, page 5), Ohno and Coates3 “fail 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, Coates 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 44
and 52 under 35 U.S.C. § 103 as being unpatentable over Ohno in view of
Coates and Akashi.
REVERSED
)
Joan Ellis )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Demetra J. Mills )
Administrative Patent Judge )
3 We note that the examiner refers to the combination of Ohno, Coates and Motion. Answer,
page 7. Motion, however, is not relied upon in the statement of the rejection. Accordingly, we
interpret the examiner’s reference to Motion to be a typographical error.
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