Ex Parte Smith et al - Page 2




              Appeal No. 2005-1595                                                                     2               
              Application No. 09/870,180                                                                               


                                            APPEALED SUBJECT MATTER                                                    
                     The subject matter on appeal is directed to a method of making cube corner                        
              articles, such as retroreflective articles having cube corner cavities.  See the claims on               
              appeal, together with the specification, page 1.  Details of the appealed subject matter are             
              recited in representative claims 221 and 31 reproduced below:                                            
              22.  A method of making a cube corner article, comprising:                                               
                     providing a body layer having a structured surface that includes recessed faces                   
              defining                                                                                                 
                            cube corner cavities;                                                                      
                     applying a film of reflective material at least to the recessed faces;                            
                     applying to the structured surface a flowable composition suitable for forming a                  
                            transparent pressure-sensitive adhesive; and                                               
                     exposing the composition to radiation sufficient to crosslink the composition after               
              the                                                                                                      
                            composition has filled the cube corner cavities.                                           
              31.  A method of making a cube corner article, comprising:                                               
                     providing a body layer having a structured surface that includes recessed faces                   
              defining                                                                                                 


                     1 The appellant stipulates that “[t]he appealed claims stand or fall together.”  See the Brief, page 2.
              Therefore, we select claims 22 and 31 as representative of two separate groups of the  claims on appeal  
              subject to different grounds of rejection and decide the propriety of these grounds of rejection based on
              the representative claims in accordance with 37 CFR § 1.192(c)(7) (2003) and 37 CFR                      
              § 41.37(c)(1)(vii)(2004).  See In re McDaniel, 293 F.3d 1379, 1384, 63 USPQ2d 1462, 1465-66 (Fed. Cir.   
              2002).                                                                                                   







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