Ex Parte Smith et al - Page 4


                  Appeal No. 2006-1850                                                                                        
                  Application 10/039,103                                                                                      

                         Appellants’ specification page 6, lines 4 and 5 describes disclosed figure 2 as “a                   
                  view of the backside of the cube-corner retroreflective sheeting 10 FIG. 1.”  Specification                 
                  page 7, line 18 also states that figure 2 “illustrates the back side of the cube-corner                     
                  elements 12.”  Consistent with this discussion, we reproduce here the initial full                          
                  paragraph of specification page 8, lines 3 through 13 on which appellants’ Summary of                       
                  the Invention at page 2 of the principal brief on appeal relies for the quoted features                     
                  recited in each independent claim on appeal:                                                                
                                 A specular reflective coating such as a metallic coating (not shown) can be                  
                         placed on the backside of the cube-corner elements 12 to promote retroreflection.                    
                         The metallic coating can be applied by known techniques such as vapor                                
                         depositing or chemically depositing a metal such as aluminum, silver or nickel.  A                   
                         primer layer may be applied to the backside of the cube-corner elements to                           
                         promote the adherence of the metallic coating.  In addition to or in lieu of a                       
                         metallic coating, a seal film can be applied to the backside of the cube-corner                      
                         elements;  see, for example, U.S. Patents 4.025,159 and 5,117,304.  The sealing                      
                         film maintains an air interface at the backside of the cubes to enhance                              
                         retroreflectivity.  A backing or an adhesive layer also can be disposed behind the                   
                         cube-corner elements to enable the cube-corner retroreflective sheeting 10 to be                     
                         secured to a substrate.                                                                              
                         This reproduced paragraph indicates that a reflective coating may be applied to                      
                  the backside of the cube corner elements to promote retroreflection in addition to a                        
                  primer layer that also may be applied to the backside to promote adherence of this                          
                  metallic coating.  As reproduced in the previous paragraph, the specification goes on to                    
                  indicate that in addition to or in lieu of this metallic coating a seal film can be applied to              
                  the backside of the cube-corner element.  This sealing film is said to maintain an air                      
                  interface “at the backside” of the cubes to enhance retroreflectivity.                                      






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