Ex Parte Smith et al - Page 7




              Appeal No. 2005-1595                                                                     7               
              Application No. 09/870,180                                                                               


                    Given the similarities of the methods and resulting articles described in Chau and                 
              Stamm and the advantages of using Chau’s optically transmissive material and Stamm’s                     
              surface topography (specifically cube corner cavities), we concur with the examiner that                 
              one of ordinary skill in the art would have been led to employ the advantageous features                 
              taught by both Stamm and Chau to arrive at the subject matter recited in claim 31.                       
              Notwithstanding the appellants’ arguments to the contrary, we determine that from the                    
              above teachings, one of ordinary skill in the art would have had a reasonable expectation                
              of successfully obtaining an improved optical reflector, i.e., a retroreflective article, by             
              using Chau’s UV curable “transmissive” index matching fluid as an optically transparent                  
              material for Stamm’s resin body having an improved topography (cube cornered cavities)                   
              coated with a reflective (mirror) material.                                                              
                    The appellants argue that “the combination of Chau with Stamm would negatively                     
              impact the performance of Chau and is, therefore, contrary to the teachings of Chau.”  See               
              the Brief, page 5.  We do not agree.  As indicated supra, one of ordinary skill in the art               
              interested in improving reflective articles in general, including the reflective articles taught         
              by Stamm, would have been led to employ the advantageous features taught by both                         
              Chau and Stamm.  This is especially true in this situation since both Stamm and Chau are                 
              directed to similar reflective article making methods of making.                                         











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