Appeal 2007-1182
Application 10/020,136
likely to be reflected in the human's eyes, a non-toxic material having a non-
reflective colored and finished exterior surface having a wavelength falling
outside of the range of wavelength between 430 nm and 690 nm, and a shape
formed within the exterior surface, wherein the shape has a color contrasting
to the non-reflective color and is configured to provide communication, and
wherein the non-toxic material comprises one of a decal and a temporary
tattoo; and
removing the non-reflective material within a week after application
of the non-reflective material.
The Examiner relies upon the following references as evidence of
obviousness:
Essig US 1,300,592 Apr. 15, 1919
Humason US 4,522,864 Jun. 11, 1985
Micchia US 4,719,909 Jan. 19, 1988
Ross US 5,470,351 Nov. 28, 1995
Appellants' claimed invention is directed to a method of reducing light
glare that is reflected into a human's eyes. The method entails applying on
the human's cheeks a non-reflective colored exterior surface having a shape
formed within the exterior surface. The shape has a color contrasting to the
non-reflective color of the exterior surface. The applied material is a decal
or temporary tattoo.
The appealed claims stand rejected under 35 U.S.C. § 103(a) as
follows:
(a) claims 21-24 and 31-34 over Micchia in view of Essig,
(b) claims 26-30 and 36-40 over the stated combination of references
further in view of Ross,
(c) claims 25 and 35 over Micchia in view of Essig and Humason.
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