Ex Parte Lu et al - Page 2




                Appeal No. 2006-0715                                                                                                           
                Application No. 09/757,175                                                                                                     


                by the examiner as directed to a non-elected invention (Brief, page 4).  We have                                               
                jurisdiction pursuant to 35 U.S.C. § 134.                                                                                      
                         According to appellants, the invention is directed to a multi-layered colored                                         
                polymeric film comprising an opaque core layer and a first skin layer, where the opaque                                        
                core layer comprises a thermoplastic material, the skin layer comprises a thermoplastic                                        
                material with a coloring agent, and each layer of the film is substantially free of voids                                      
                (Brief, page 6).  Independent claim 1 is illustrative of the invention and is reproduced                                       
                below:                                                                                                                         
                         A multi-layered colored polymeric film comprising:                                                                    
                                 (a) an opaque core layer comprising a thermoplastic material, said core                                       
                         layer having a first side and a second side; and                                                                      
                                 (b) a first skin layer comprising a thermoplastic material with a coloring                                    
                         agent, wherein said first skin layer is adjacent to the first side of the core layer;                                 
                         wherein each layer of said film is substantially free of voids.                                                       

                         The examiner has relied upon the following references as evidence of                                                  
                obviousness:                                                                                                                   
                Park et al. (Park)          4,758,462          Jul. 19, 1988                                                                   
                Wilkie et al. (Wilkie)      5,443,915          Aug. 22, 1995                                                                   
                         The claims on appeal stand rejected under 35 U.S.C. § 103(a) as unpatentable                                          
                over Park in view of Wilkie (Answer, page 3).  We reverse the rejection on appeal                                              
                essentially for the reasons stated in the Brief, as well as those reasons set forth below.                                     
                OPINION                                                                                                                        

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