Appeal 2007-0554 Reexamination Nos. 90/006,118 & 90/006,254 Patent 6,196,681 B1 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974) (“a lack of novelty in the claimed subject matter, e.g., as evidenced by a complete disclosure of the invention in the prior art, is the ‘ultimate or epitome of obviousness’”). We also find that the nose pieces depicted in Fecteau’s Figures 25A and 25B and the eyewear depicted in Fecteau’s Figures 19-21, as explained in the written description of Fecteau’s Figures 20, 25A and 25B at col. 9, l. 22, to col. 10, l. 6, anticipate the unitary structure defined by Appellant’s Claim 1. Fecteau’s nosepiece is “formed by a two-shot process in a single mold that chemically bonds the soft portion to the hard portion” (Br. App. Claim 1). Fecteau teaches (Fecteau, col. 9, ll. 37-59; emphasis added): Also in a preferred embodiment, lower section 28 (which contacts the wearer’s nose) is made from a material having . . . a different durometer (e.g., softer or stiffer) relative to the material comprising the remaining portion of the nose piece. For example, the material in the nose pad 28 may be comprised of a softer material such as rubber, silicone, soft thermoplastic materials or soft foam materials and the material in the extended clip-on section 30 may be comprised of hard thermoplastic materials (i.e., polycarbonate, ABS, nylon), hard foams or metals. In accordance with a novel feature of the present invention, the two sections 28 and 30 of differing materials are made in a single co- injection molding step as opposed to prior art processing whereby the two sections 28, 30 would be separately molded and thereafter bonded together. By co-injection molding of the nose piece, substantial savings in both processing time and assembly is achieved. The co- molded sections 28, 30 would remain bonded either through a chemical bond (through proper selection of the two co-molded materials) or through a mechanical bond, or more preferably, through a combination of a chemical and mechanical bond. 9Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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