Ex Parte Buhay et al - Page 5



           Appeal 2006-2330                                                                        
           Application 10/364,089                                                                  


                                  Grounds of Rejection                                             
                 1.  Claims 2-17, 19-36, 39-40, 42, 44-50, 52, 54, and 55 stand rejected           
           under 35 U.S.C. § 103(a) as being obvious over Depauw in view of Okamura.               
                 2.  Claims 41, 43, and 53 stand rejected under 35 U.S.C. § 103(a) as being        
           obvious over Depauw in view of Okamura and further in view of Lingle.                   
                                        Background                                                 
                 Appellants state that there are no related appeals.  However, the Examiner        
           has noted that similar arguments were presented in the following appeals (Answer        
           2):                                                                                     
                 Appeal No. 2006-1459 (Final Decision mailed May 31, 2006), Application            
           09/714,166 to Medwick et al.;                                                           
                 Appeal No. 2006-1002 (Final Decision mailed April 20, 2006), Application          
           09/945,892 to Medwick et al., a Continuation-In-Part of Application 09/714,166.         
           These applications have subsequently been abandoned.                                    
                                            Discussion                                             
                 Claims 2-17, 19-36, 39-40, 42, 44-50, 52, 54, and 55 are rejected under           
           35 U.S.C. § 103(a) as being obvious over Depauw in view of Okamura.  The                
           Examiner found that:                                                                    
                       Depauw discloses a coated article comprising a substrate, a first           
                 anti-reflective layer, a first infrared reflective film deposited over the        
                 first anti-reflective layer, a second anti-reflective layer deposited over        
                 the first infrared reflective film, a second infrared reflective film             
                 deposited over second anti-reflective layer, and a third anti-reflective          
                 layer deposited over the second infrared reflective film.  Answer 3.              
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