Appeal No. 2006-1513 Παγε 6
Application No. 10/068,574
§ 103(a) is reversed.
We turn next to independent claim 28. The claim recites
“[a] decoy having a three dimensional main body formed from a
plastic material and said main body having on its exterior
surfaces a screen printed photograph containing animal features.”
Appellants assert (brief, page 6) that “[t]his claim is
allowable because Tryon does not teach or suggest a decoy having
a main body with a screen printed photograph containing animal
features on the decoy exterior surfaces.”
We note at the outset that claim 28, unlike claim 21, does
not recite that the photographs are attached in a non-adhesive
manner. From our review of Tryon, we find that in describing the
photographs taken, Tryon discloses that Kodachrome™ pictures are
taken and that a four-color separation is made of each color
picture. Following this, layouts are made. The layouts are
printed on Scott Vellum Offset paper with Capital Inks, yellow,
red, blue and black employed in the printing process (col. 3,
lines 1-9). From the disclosure of Tryon, we find that the use
of a four-color separation refers to the separate printing of one
color at a time, which is done in a screen printing process.
Thus, we find that Tryon teaches or suggests the use of a screen
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