Ex Parte Smith et al - Page 5




              Appeal No. 2005-1595                                                                     5               
              Application No. 09/870,180                                                                               


              have suggested to those of ordinary skill in the art.  In re Young, 927 F.2d 588, 591, 18                
              USPQ2d 1089, 1091 (Fed. Cir. 1991); In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881                   
              (CCPA 1981).  This test requires us to take into account not only the specific teachings of              
              the prior art references, but also any inferences which one skilled in the art would                     
              reasonably be expected to draw therefrom.  In re Preda, 401 F.2d 825, 826, 159 USPQ                      
              342, 344 (CCPA 1968).                                                                                    
                     With the above test in mind, we turn to the examiner’s rejection of claims 31, 33, 34             
              and 36 under 35 U.S.C. § 103(a) as unpatentable over the combined disclosures of Chau                    
              and Stamm.  We find that Stamm teaches a method of forming a high efficiency                             
              retroreflective article through improving the dimensions of cube corner cavities.  See the               
              abstract and columns 1-4.  According to the appellants (Brief, page 3), the retroreflective              
              article referred to by Stamm is “an optical reflector that utilizes cube corner cavities.”  The          
              examiner finds (Answer, page 5), and the appellants do not dispute (Brief, pages 5-6), that              
              Stamm’s method for manufacturing this article generally involves providing a base layer                  
              having a structure surface defining improved “cube corner cavities separated on their top                
              surface on the base layer”, applying a film of a reflective material (mirror coat) to the                
              cavities and “filling the structured surface with an optically transparent material.”  See also          
              Stamm, column 5, lines 8-15.  We note that Stamm does not specify the type of the                        
              optically transparent material employed and its curing method.                                           









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