Ex Parte D - Page 11

                Appeal 2007-3412                                                                               
                Application 10/832,450                                                                         
                vehicle windshields to reduce heat build-up, and concluded that the "claimed                   
                method of reducing electromagnetic radiation through an opening [i.e.,                         
                claim 20] is met [sic: would have been obvious].  (Id.)  The Examiner found                    
                that although D'Errico 861 did not disclose the laminated structure recited in                 
                claim 21, D'Errico 848 disclosed such a structure.  (Id.)  The Examiner also                   
                found that D'Errico 848 describes PVB layers plasticized with 20–80 phr                        
                plasticizer.  (Id.)                                                                            
                      The Examiner found further that Toyama disclosed plasticized PVB                         
                interlayers for laminated glass, wherein the disclosed plasticizers were also                  
                disclosed by D'Errico 848 and by the D'Errico Specification in similar                         
                amounts.  (Answer at 4.)  The Examiner concluded that the effect of the                        
                plasticizers on the Tg of the PVB layer would be the same, namely, to lower                    
                the Tg to a similar value.  (Id.)  The Examiner noted further that Toyama                      
                taught that the temperature of maximum tan δ corresponded to the glass                         
                transition temperature.  (Id.)  The Examiner concluded that the Tg of the                      
                plasticized PVB layer having 60 weight parts plasticizer per hundred weight                    
                parts PVB would be about 6°C or less, as shown in Toyama Table 2.  (Id.)                       
                      D'Errico does not challenge any of the Examiner's findings of fact.                      
                (Answer at 3–7; Reply Brief filed 7 May 2007 ("Reply Br.") at 3–4.)  Nor                       
                does D'Errico challenge the status of Toyama as prior art.  We hold all such                   
                challenges waived, as D'Errico has had a full and fair opportunity to make                     
                them, but has chosen to dispute only the conclusions the Examiner draws                        
                from the findings of fact.  Moreover, D'Errico's arguments are effectively                     
                confined to the patentability of claim 1, i.e., D'Errico has not made any                      
                separate arguments for the patentability of any other claim.  Accordingly, we                  


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