Ex Parte Leupolz et al - Page 5



         Appeal No. 2006-0037                                                                       
         Application No. 09/874,371                                                                 

         claim 2, claim 6 stands or fall with claim 5, claims 8 and 9 stand                         

         or fall with claim 7 and claims 11 and 12 stand or fall with claim                         
         10 (see In re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed.                         
         Cir. 1991); In re Wood, 582 F.2d 638, 642, 199 USPQ 137, 140 (CCPA                         
         1978)).                                                                                    
         II. The merits                                                                             
              Russell, the examiner’s primary reference, pertains to visibly                        
         transparent, heat reflective thermal control films suitable for                            
         vehicular and architectural glazing applications.  The vehicular                           
         applications envisioned by Russell include windows, windshields,                           
         windscreens, canopies, panes, and the like in vehicles such as                             
         automobiles, trains, boats, aircraft, and spacecraft, while the                            
         architectural applications include windows, viewports, skylights,                          
         panes and the like in domestic and commercial buildings (see column                        
         1, lines 32-42).  The following passage from the reference explains                        
         why thermal control films are used with glazing:                                           
                   [w]hile windows often enhance the aesthetics and                                 
              functionality of buildings and vehicles, they can also                                
              cause undesirable gain or loss of heat.  In warm                                      
              climates, exterior heat may enter through windows,                                    
              thereby increasing air conditioning loads.  In cold                                   
              climates, interior heat is lost through windows, thereby                              
              increasing heating demands.  . . .                                                    

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