Ex Parte CANAVAN et al - Page 3


              Appeal 2007-0554                                                                       
              Reexamination Nos. 90/006,118 & 90/006,254                                             
              Patent 6,196,681 B1                                                                    
                    We have considered all the evidence relied upon by the Examiner in               
              support of the conclusion that the claimed subject matter is unpatentable              
              under 35 U.S.C. § 103 and all the evidence to the contrary, most particularly          
              the Declaration of Phillip M. Johnson, Vice President of Research and                  
              Development and Quality Assurance of Bacou-Dalloz USA, Inc., the alleged               
              owner of the patent, under 37 CFR § 1.132, and the support therefor.  We               
              affirm all the appealed rejections.  The following factual findings and legal          
              determinations support our conclusions.                                                
                                         Claim interpretation                                        
                    Claims 1-5 are reproduced below (Appeal Br. (Br.), (vii)  Claims                 
              Appendix (App.)):                                                                      
                    1.  A unitary structure for an eye covering comprising,                          
                          a soft inner portion adapted to engage the brow and nose of a              
                          wearer and a hard outer portion adapted to support a transparent           
                          lens portion and temple pieces and formed by a two-shot                    
                          process in a single mold that chemically bonds the soft portion            
                          to the hard portion.                                                       
                    2.  A unitary structure in accordance with claim 1 wherein said unitary          
                          structure is formed with a nose piece with the soft portion                
                          thereof having a plurality of flexible fingers adapted for                 
                          engaging the nose of a wearer.                                             
                    3.  A unitary structure in accordance with claim 1 and further                   
                          comprising, a transparent lens portion detachably secured to the           
                          hard portion and depending from the brow portion thereof.                  
                    4.  A unitary structure in accordance with claim 2 and further                   
                          comprising, a transparent lens portion detachably secured to the           
                          hard portion and depending from the brow portion thereof.                  

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