Appeal 2006-2511
Application 10/693,463
Appellants' arguments thereagainst. We REVERSE the Examiner's
rejection. Our reasons follow.
OPINION
In order for the claimed invention to be anticipated under 35 U.S.C.
§ 102, all of the elements of the claim must be found in one reference. See
Scripps Clinic and Research Found. v. Genentech, Inc., 927 F.2d 1565,
1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
It is the Examiner's position that Stephens discloses a pigment
comprised of a substrate with a coating of copper and manganese oxides that
can have a blue transmission color (Answer 4). The Examiner further
asserts that the substrate can be made of glass. Id. We find that Stephens
discloses interference pigments based on a platelet-like shaped substrate
coated with titanium dioxide and additionally oxidic compounds of copper
and manganese (Col. 1, ll. 1-4). Stephens discloses that dark gray powder
interference pigments are generated by forming oxidic compounds of copper
and manganese on the surface of a titanium dioxide coated platelet-shaped
substrate. These pigments are characterized by providing clean colors and
an excellent hiding power. (Col. 1, ll. 53-62). Stephens discloses a variety
of platelet-shaped substrates which are suitable for the invention, including
glass flakes (Col. 2, ll. 43-47). Stephens further discloses that pigments
according to the disclosed invention can produce all desired interference
colors (Col. 3, ll. 47-50). Exemplary colors produced are presented in
Tables 1 and 2 of the reference.
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