Ex Parte Dorner et al - Page 2



          Appeal No. 2005-1856                                                         
          Application No. 10/047,365                                                   

                    1.   A solar module comprising                                     
                         a)   at least one solar cell,                                 
                    b)   a front side composed of transparent                          
                    polyurethane, and                                                  
                         c)   a rear side.                                             
               The references set forth below are relied upon by the                   
          examiner in the Section 102 and Section 103 rejections before us:            
          Vaverka et al. (Vaverka)       5,667,595            Sep. 16, 1997            
          Shiomi et al. (Shiomi)         6,245,987            Jun. 12, 2001            
               Claims 1-3 are rejected under 35 U.S.C. § 102(b) as being               
          anticipated by Vaverka.                                                      
               Claims 4-6 are rejected under 35 U.S.C. § 103(a) as being               
          unpatentable over Vaverka in view of Shiomi.                                 
               Finally, claims 7 and 8 are rejected under 35 U.S.C.                    
          § 103(a) as being unpatentable over Vaverka alone.                           
                                       OPINION                                         
               For the reasons which follow, none of these rejections can              
          be sustained.                                                                
               Each of the rejections before us is premised upon the                   
          examiner’s position that the appealed independent claim                      
          1 requirement “a front side composed of transparent polyurethane”            
          is anticipatorily satisfied by Vaverka even though the front                 
          plate of patentee’s solar module is made of glass.  In this                  
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