Appeal No. 2007-0290
Application No. 09/778,464
purpose of deciding this appeal. 37 C.F.R. § 41.37(c)(1)(vii). It reads as
follows:
1. Ophthalmic lens consisting of a substrate made of organic glass, of
an abrasion-resistant coating, of a layer of impact-resistant primer and
of an anti-reflective coating, wherein the surface of the substrate is
covered with the abrasion-resistant layer and the anti-reflective
coating, and wherein the abrasion-resistant coating is a silicone based
coating or an acrylic based coating.
ISSUE
The Examiner contends that Taniguchi teaches a lens comprising a
“second fluorine-containing organopolysiloxane film” which meets the
requirement in claim 1 of an ophthalmic lens comprising “an anti-reflective
coating.” Appellants contend that the “second fluorine-containing
organopolysiloxane based film” described in Taniguchi “cannot be
considered as an anti-reflective layer.” Br. 10. They provide a declaration
under 37 C.F.R. § 1.132 to support their contention. The sole issue in this
appeal is whether the declaration is sufficient to establish that a person of
ordinary skill in the art would not have considered Taniguchi’s “second
fluorine-containing organopolysiloxane based film” to satisfy the “anti-
reflective coating” limitation of claim 1, rebutting the Examiner’s prima
facie case of obviousness under 35 U.S.C. § 103.
STATEMENT OF FACTS
1. Claim 1 is drawn to an ophthalmic lens consisting of the following
elements: (1) organic glass; (2) an abrasion-resistant coating; (3) a layer of
impact-resistant primer; and (4) an anti-reflective coating.
3
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