Appeal No. 2006-1850
Application 10/039,103
Representative independent claim 45 is reproduced below:
45. A retroreflective sheeting, comprising:
(a) a first layer comprising a first polymeric material having an elastic
modulus less than 7 x 108 pascals, the first layer having a first and
second major surface and allowing light that enters the first layer
through either the first or the second major surface to pass through the
first layer to exit the first layer through the other major surface; and
(b) a second layer comprising a second polymeric material having an
elastic modulus greater than 20 x 108 pascals, the second layer having
a third major surface and having a surface opposite the third major
surface in which cube corner elements are formed, wherein the cube
corner elements are exposed to air; and
(c) a seal film applied to the cube corner elements to maintain an air
interface at the cube corner elements;
wherein the third major surface of the second layer attaches directly or
through only a thin coating to the second major surface of the first layer.
The following references are relied on by the examiner:
McGrath 4,025,159 May 24, 1977
Phillips [‘586] 5,491,586 Feb. 13, 1996
(Effective filing date Jul. 19, 1993)
Phillips [‘222] 5,462,222 Jun. 24, 1997
(Effective filing date Jul. 19, 1993)
Reflexite Corporation, “Reflexite’s Response to 3M Letter Asserting
Infringement of U.S. Patents 5,450,235 and 5,988,820”, Feb. 4, 2002
[Response]
Claims 41, 42, 45 through 47 and 49 through 59 stand rejected under 35 U.S.C.
§ 103. As evidence of obviousness, the examiner relies upon Phillips ‘222 or Phillips
‘586 in view of Response, further in view of McGrath.
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