Ex Parte Cocco - Page 5



            Appeal No. 2007-1703                                                   Page 5                    
            Application No. 09/729,261                                                                       

                   C. Principles of Law                                                                      
                   Anticipation is a question of fact.  In re Schreiber, 128 F.3d 1473, 1477, 44             
            USPQ2d 1429, 1431 (Fed. Cir. 1997).                                                              

                   D. Analysis                                                                               
                   The facts show that Lasch describes a process of blending infrared filtering              
            material with plastic and extruding the blend into sheets from which transaction                 
            cards are fabricated. (FF 6).  The resulting transaction card will have the infrared             
            filtering material incorporated and embedded throughout the card.  Accordingly,                  
            the Examiner did not err in finding that Lasch describes infrared material                       
            embedded in the transaction card core.                                                           
                   The rejection is affirmed.                                                                

                                         CONCLUSION OF LAW                                                   
                   On the record before us, Appellant has failed to show that the Examiner                   
            erred in rejecting the claims over the prior art.                                                















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