Patent No. 6,455,138
`Petition For Inter Partes Review
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`Petition For Inter Partes Review
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Wavelock Advanced Technology Co., Ltd.,
`Petitioner
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`V.
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`Textron Innovations Inc.
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`Patent Owner
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`Patent No. 6,455,138
`Issue Date: September 24, 2002
`Title: METALLIZED SHEETING, COMPOSITES,
`AND METHODS FOR THEIR FORMATION
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`DECLARATION OF ROBERT IEZZI, Ph.D.
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`Inter Partes Review No.
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`Va_386108
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`Exhibit 1017
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`I.
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`1.
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`INTRODUCTION
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`I have been retained by Morrison & Foerster LLP in this case as an
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`expert in the relevant art.
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`2.
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`I have been asked to provide my opinions and views on the materials I
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`have reviewed in this case related to U.S. Patent No. 6,455,138 (the ’ 138 patent),
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`and the scientific and technical knowledge regarding the same subject matter as the
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`’ 138 patent before and at the earliest effective filing date of December 31, 1997.
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`The ’ 138 patent issued from US Application Serial No. 09/223,545 (the ’545
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`application), which was filed on December 30, 1998. The ’ 138 patent also claims
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`priority to US Provisional Application Serial No, 60/070,166 (the ’ 166
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`application), which was filed on December 31, 1997, and is the earliest effective
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`filing date of the ’ 138 patent.
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`3.
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`My opinions and underlying reasoning for the opinions are set forth
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`below.
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`II.
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`PROFESSIONAL BACKGROUND
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`4.
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`I have been active in industries related to the relevant field of art of
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`thermoplastic composites and laminate films for approximately 40 years. I am
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`presently Vice President of Coating Technologies at NEI Corporation in Somerset,
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`NJ. In this capacity, I am responsible for new product development of novel
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`polymer coatings and films based on nano-materials. I am also the Founder and
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`Exhibit 1017
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`CEO of RAI Technical Solutions®, Inc. In this capacity, I provide consulting on
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`corrosion, coatings, polymers, and nano-composites. Prior to this, I was Manager
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`of the Coating Research Group at Arkema Chemicals Research Center, King of
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`Prussia, PA (1994-2002) where I was responsible for the new product development
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`and technical service of polyamide and fluoropolymer films and coatings. At the
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`same company, I was Manager of the Plastic Additives Research Group (2002-
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`2006) with responsibility for new product development of novel additives for
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`plastic products. Prior to that (1989-1994), I was Section Head of Metals &
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`Plastics Coatings Research at Betz Laboratories, Trevose, PA. From 1985-1989, I
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`was the Director of Packaging Technology at Campbell Soup Company in
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`Camden, NJ. From 1965 to 1985, I worked on metal and paint coatings at
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`Republic Steel and Bethlehem Steel. All the positions described above relate to
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`work with coatings, including polymer films, metallization, and adhesives.
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`5.
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`I was also an Adjunct Professor of Engineering at Pennsylvania State
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`University, Great Valley Campus from 2006 to 2010. In this part-time position, I
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`taught graduate level engineering courses in innovation and creativity, along with
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`an MBA course in New Business Ventures and Entrepreneurship.
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`6.
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`I earned a B.S. in Chemical Engineering from Widener University in
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`1965. I earned a M.S. in Physics from Kent State University in 1969. I also
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`earned a Ph.D. in Materials Science from Lehigh University in 1979.
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`7.
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`Most of my research has focused on polymer composite materials, and
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`metal and organic coatings applied to metals and plastic composites, including
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`chemical vapor deposition. As far as applications, I have over 40 years of
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`experience with the automotive industry, mainly in metal and plastic auto body
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`materials and coatings. More specifically, I have worked on: (a) chemical vapor
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`deposition of metal coatings on steel for use on autobody parts; (b) polymer
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`composite films for use on plastic autobody parts; (c) nylon coatings for
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`automotive under-hood applications and guide rails for sliding minivan doors; (d)
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`impact modifiers for polycarbonate body panels; and (e) automotive thermoplastic
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`olefins.
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`8.
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`My research has resulted in over 50 publications and presentations of
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`papers.
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`I am an inventor on six issued U.S. patents, and two pending patent
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`applications.
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`9.
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`I am a member of the American Chemical Society, the American
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`Coatings Association, and the Federated Societies of Coatings Technology. I was
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`previously on the Board of Directors of the National Coil Coating Association, and
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`the Delaware Valley Volunteers of America.
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`I was also a member of the American
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`Society for Materials, and the Society of Plastic Engineers.
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`10.
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`I am recipient of the following awards: (a) Packing Institute
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`International Annual Education Award (best paper); (b) National Association of
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`Corrosion Engineers Romanoff Award (best paper); (c) National Coil Coating
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`Association Technical Section Certificate of Appreciation; and (d) chosen to
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`participate in the Industrial Research Institute Visiting Scientist Program.
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`11. A copy of my curriculum vitae that summarizes my education, work
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`history and publications is in Appendix A.
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`12.
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`I am being compensated for taking part in this case but have no other
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`relationship to Wavelock Advanced Technology Co., Ltd. My compensation is not
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`dependent on the outcome of this case.
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`III. BASIS FOR OPINION
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`13. My opinions and views set forth in this report are based on my
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`education, training, and experience in the relevant field, as well as the materials I
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`reviewed in this case, and the scientific knowledge regarding the same subject
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`matter that existed prior to the earliest effective filing date of the ’ 138 patent.
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`IV.
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`PATENT LAW STANDARD
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`14.
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`It is my understanding that a patent claim is invalid for anticipation if
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`it can be shown that each and every limitation of the claim is disclosed either
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`expressly or inherently in a single prior art reference. It is also my understanding
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`that to establish anticipation by inherency, the extrinsic evidence must be clearly
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`described in the reference.
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`Exhibit 1017
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`15.
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`It is my understanding that a patent claim is invalid for obviousness if
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`the claimed invention as a whole would have been obvious to one of ordinary skill
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`in the art at the time the invention was made, in view of a single prior art reference
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`or a combination of prior art references. Specifically, I understand that a
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`determination of whether a claimed invention would have been obvious requires
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`taking into consideration factors which include: (a) assessing the scope and content
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`of the prior art; (b) the differences between the claimed invention and the prior art;
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`and (c) the level of ordinary skill in the art. I fiirther understand that secondary
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`considerations, such as commercial success, the solution of long-recognized but
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`unresolved needs, failures of others, etc. may be considered in a determination of
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`obviousness.
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`16.
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`It is my understanding that when combining two or more references,
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`or when modifying an item disclosed in one reference, so as to arrive at a claimed
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`invention, one should consider whether there is a reason for the proposed
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`combination or modification. For example, when a technology or product is
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`available in one field of endeavor, design incentives and other market forces can
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`prompt variations of it, either in the same field or a different one. For the same
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`reason, if a technique has been used to improve one device, and a person of
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`ordinary skill in the art would recognize that it would improve similar devices in
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`the same way, using the technique is obvious unless its actual application is
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`beyond his or her skill.
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`17.
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`It is my understanding that the claims of a patent are analyzed from
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`the perspective of “a person of ordinary skill in the art” and that the claims of the
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`’ 138 patent are interpreted as a person of ordinary skill in the art would have
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`understood them at the time the ’545 application, which issued as the ’ 138 patent,
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`was filed.
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`18.
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`It is my understanding that “prior art” includes patents and
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`publications in the relevant literature and information that predates the effective
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`filing date of the ’ 138 patent, December 31, 1997. It is also my understanding that
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`a patent application can describe prior technologies as prior art in his specification,
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`and the admitted prior information can be used as “prior art” against his claims.
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`V.
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`A PERSON OF ORDINARY SKILL IN THE ART
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`19. A person of ordinary skill in the art relevant to the ’ 138 patent would
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`have had at least a bachelor’s degree in chemical engineering, material science, or
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`chemistry, and at least five years of experience working with or researching
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`thermoplastic films and composites.
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`VI. OVERVIEW OF THE APPLICABLE TECHNOLOGIES
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`20.
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`Following is an overview of the applicable technologies and the state
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`of the art before and at the earliest effective filing date of the application that
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`Exhibit 1017
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`issued as the ’ 138 patent. The ’ 138 patent issued from US application Serial No.
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`09/223,545 (“the ’545 application”), which was filed on December 30, 1998. The
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`’ 138 patent also claims priority to US Provisional application Serial No.
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`60/070,166 (“the ’ 166 application”), which was filed on December 31, 1997, and is
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`the earliest effective filing date of the ’ 138 patent.
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`21.
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`The ’ 138 patent generally relates to metallized thermoplastic
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`composites. These metallized composites can be used as reflective surfaces, for
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`example, as mirrors or as substitutes for decorative chrome parts. For example,
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`these metallized composites can be used for decorative trim used on the bumpers
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`and bodies of automobiles as well as interior reflective trim parts.
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`22.
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`In the late 1970s, the automotive industry started replacing
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`conventional decorative trim made of metals, such as chrome, with decorative trim
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`made of plastic composites including thermoplastic layers and a metal layer
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`deposited on one of the thermoplastic layers. Examples of the thermoplastic
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`materials of the composites are polyesters, polycarbonates, and vinyl polymers. As
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`specific example, polyurethane terephthalate (PET) and acrylonitrile-butadiene-
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`styrene (ABS) were used for the thermoplastic layers. See, for example, U.S.
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`Patent No. 4,403,004 (Parker), col. 4:33-42. The plastic composites offered better
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`alternates to conventional all-metal parts because they were light and inexpensive.
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`When creating a metallized film, a base layer is typically metallized. A second
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`Exhibit 1017
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`polymer layer was then applied over the metallized layer to protect the metal from
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`the elements and corrosion. The second polymer layer could be applied directly to
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`the metallized layer; however, often times an adhesive layer was applied prior to
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`the second polymer layer to improve adhesion of the second polymer layer and
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`further improve corrosion and delamination characteristics of the composite. See,
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`for example, Parker, col. 5:58-60. For metallization, aluminum and chrome were
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`used at the beginning of this technology. However, prior to the filing of the ’545
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`application, a wide variety of metals were used for metallization including
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`aluminum, chromium, tin, indium and iron. See, for example, U,S, Patent No.
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`4,101,698 (Dunning), col. 226-13.
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`23. As stated in the Background of the Invention portion of the ’ 138
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`patent, before the filing of the ’545 application, it was known that, in order to
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`provide reflectivity suitable for automotive trim, the metal layer in the composite
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`does not have to be continuous. Therefore, a discontinuous film can be used to
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`provide a surface that has better corrosion resistance than metallized films with
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`continuous metal surfaces. A discontinuous metal layer resists corrosion because,
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`even if corrosion starts, it does not propagate to neighboring portions of metal
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`layer due to the separations of the metal islands. It was also known that a
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`discontinuous metal layer promotes better attachment between two thermoplastic
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`layers sandwiching the metal layer, which also contributes to corrosion resistance
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`Exhibit 1017
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`1:24-32.
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`24.
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`by reducing possibility of delamination. See, for example, the ’ 138 patent, col.
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`It was well known at the time that the ’545 application was filed that
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`metal layers could be deposited on a thermoplastic layer using a variety of
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`deposition techniques, such as evaporation and sputtering. These deposition
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`processes include continuous processes in which a web of plastic film is unrolled
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`and fed into a deposition chamber. See, for example, Parker, col. 8:21-50, and
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`FIG. 2.
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`25. During a metal deposition process, deposition begins at small
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`nucleation sites on the polymer film. Small islands of the metal are formed on the
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`plastic film at these nucleation sites. The typical size of the metal islands is as
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`small as 100 A. Once the metals islands are formed, the islands continue to grow
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`to fill the gaps between the islands and thus to form a continuous film. It was
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`known that a discontinuous metal layer could be formed by stopping the deposition
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`process before the islands grow together. See, for example, U.S. Patent No.
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`4,407,871 (Eisfeller), col. 5:206.
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`26.
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`It was also understood that it is easier to form metallized layers, and
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`discontinuous metal layers in particular, using low-melting-point metals. See, for
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`example, Translation of Japanese Patent Application Publication No. S63-286337
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`(Kuwahara), at 4:17-27. These metals all have melting points below 500°C.
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`Examples of such metals are tin, lead, bismuth, zinc and indium. It was known
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`that it is easy to control the nucleation and growth of a metal with a low melting
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`point. Further, higher melting point metals can damage or destroy the polymer
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`base layer because of the high temperatures required to deposit these metals. It
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`was also known that various types of adhesives could be used to attach a
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`metallized thermoplastic layer to another thermoplastic layer. These adhesives
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`included polyester, polyamides, silicone and polyurethane adhesives. See, for
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`example, U.S. Patent No. 5,532,045 (Wade), col. 5:59-63, and Parker, col. 6:1-4.
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`Since the adhesives are made of materials similar to the thermoplastic layers, they
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`adhere well to the thermoplastic layers. The adhesion between a metal layer and
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`an adhesive is essentially determined by bonding between the adhesive and
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`hydroxyl groups formed on the oxidized surface of the metal layer. For this
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`reason, it was known that adhesives that adhere well to one type of metallized
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`surface would typically adhere well to other metallized surfaces.
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`VII. THE ’138 PATENT
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`27.
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`The ’ 138 patent includes only one independent claim, claim 1, which
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`recites:
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`1. A metallized composite, comprising:
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`a) a first thermoplastic layer;
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`b) a discontinuous layer on said first layer, said discontinuous layer
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`including discrete islands of metal in an adhesive; and
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`Exhibit 1017
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`c) a second thermoplastic layer, said discontinuous layer being between said
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`first and second thermoplastic layers.
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`28. Dependent claims 2 and 33-36 add structural features of the
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`metallized composite, dependent claims 3, 8, 10, 31 and 32 define chemical
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`features of the thermoplastic layers, dependent claims 16-19 and 21 define
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`chemical features of the adhesive, dependent claims 25-27 define chemical features
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`of the metal, and dependent claims 27-30 add coloring features of the composite, to
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`the respective parent claims.
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`The Specification of the ’ 138
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`29.
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`The ’ 138 patent issued from the ’545 application, which was filed on
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`December 30, 1998. The ’545 application claims priority to U.S. provisional
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`Application No. 60/070,166, which was filed on December 31, 1997. Col. 1:5-7.
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`In the Background of the Invention section of the ’ 138 patent, the applicant states
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`that existing composites having two polymer sheets and a continuous metal layer
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`disposed between the two sheets, which are used as a substitute for automotive
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`decorative chrome parts, have delamination and corrosion problems. Col. 1:15-23.
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`The Background of the Invention section also acknowledges that a known solution
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`to the delamination and corrosion problems was to make the metal layer
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`discontinuous. Col 1:23-32. However, in the Background of the Invention, the
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`’ 138 patent states that in situ polymerization of a top coat layer may not result in a
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`Exhibit 1017
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`strong bonding between the top layer and the underneath layers. According to the
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`’ 138 patent, it was known that the bonding problem could be improved by etching
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`blackening of the metal layer. Col. 1:33-60.
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`problems with laminate composites that include a discontinuous layer: 1) a
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`the metal layer prior to the in situ polymerization, but the etching leads to
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`30. Accordingly, the ’ 138 patent describes two structures to address these
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`laminate that includes two thermoplastic layers and a discontinuous metal layer of
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`discrete metal islands in an adhesive that is placed between the two thermoplastic
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`layers (shown in FIG. 1); and 2) a continuous thermoplastic sheet that includes a
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`discontinuous metal layer in the sheet (shown in FIG. 2). Col. 2:6-16.
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`31.
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`The metals described in the ’ 138 patent for metallization were
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`conventional metals that were used for thin film deposition, including aluminum
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`and indium. Col . 4:11-14. Similarly, the ’ 138 patent provides a list of known
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`adhesives that were used for laminating thermoplastic layers. Col. 4: 19-35. The
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`’ 138 patent also states that many of conventional thermoplastic materials can be
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`used as the materials for the thermoplastic layers in the composite. Col. 4:26-67.
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`The metallized composites can be colored using conventional coloring techniques
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`known at the time. Col. 528-21. The ’ 138 patent also states that conventional
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`methods could be used to perform molding, folding, or embossing of the
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`metallized composite. Col. 6: 10-12.
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`Exhibit 1017
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`The File History
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`32.
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`The ’545 application was filed December 30, 1998, claiming priority
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`to the ’166 application, filed December 31, 1997. The original ’545 application
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`included claims 1-96. Claim 2 in the ’545 application corresponds to issued claim
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`1 of the ’ 138 patent. Claim 2 and its dependent claims were allowed essentially
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`without amendments.
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`33.
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`In the first Action issued October 13, 2000, claim 2 along with claims
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`3, 11, 16-18, 26-43, 45, 54-55, 57 and 61-70 were rejected under 35 USC l03(a)
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`by U.S. Patent No. 4,115,619 (Kurfman ’619) or U.S. Patent No. 4,211,822
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`(Kurfman ’822) in view of U.S. Patent No. 4,407,871 (Eisfel1er)or U.S. Patent No.
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`4,101,698 (Dunning). Also, claims 17-19 and 22, which correspond to claims 16-
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`18 and 21 of the ’ 138 patent (the adhesive chemistry claims), were rejected under
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`l03(a) over the two Kurfinan references, Eisfeller and Dunning and further in view
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`of U.S. Patent No. 4,503,189 (Igarashi).
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`34.
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`In response to these rejections, the applicant filed an Amendment on
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`November 28, 2000, cancelling claim 1. In support of claim 2, however, applicant
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`argued that:
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`. To the contrary, both Kurfman, et al ’619 and ’822 teach away
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`from employing a discontinuous metallized layer. .
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`Exhibit 1017
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`Certain discontinuities in the metal layer are taught by Kurfman, et al
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`’619 and ’822 as being tolerable. .
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`However, such pinholes in a continuous metal layer do not cause the
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`formation of a “discontinuous layer of discrete island of metal” as
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`employed in Applicant’s claimed invention.
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`November 28, 2000, Amendment, at 4, lines 8-25. Applicant also argued that “. .
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`these references [the two Kurfrnan references and Durming] teach away from
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`employing a layer of discrete islands of metal, because such a layer would not be
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`considered a continuous metal layer.” Id. page 5, lines 24-26. In other words,
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`applicant took the position that a person of ordinary skill in the art would not have
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`combined the teachings of the Kurfinan references relating to a laminate including
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`a continuous metal film and the teachings of Eisfeller and Durming relating to a
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`laminate including a discontinuous metal film. Applicant also argued that “there is
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`no disclosure or suggestion in either Eisfeller ’87l or Durming, et al. that the
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`with thermoplastics to form either of Applicant’s claimed embodiments of the
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`thermosets employed as at least one of the elastomeric layers could be substituted
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`metallized composite.” Id. at 5, lines 26-29.
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`35.
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`In the next Action, a final Action dated February 27, 2001, claims 2-
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`37, which correspond to claims 1- 36 of the ’ 138 patent, were allowed and claims
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`38-43, 45, 54, 55, 57 and 61-70 were rejected. Applicant kept fighting over the
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`Exhibit 1017
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`patentability of these claims, but ended up cancelling all of the remaining claims in
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`response to another Action rejecting these claims. A notice of allowance issued
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`June 13, 2002.
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`VIII. THE PRIOR ART
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`36.
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`Following are brief summaries of the prior art references applied
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`against the claims of the ’ 138 patent in this declaration. The prior art references
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`are exhibits to the accompanying Petition and referred to in my declaration by their
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`exhibit numbers.
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`Ja anese Patent A lication Publication No. S63-286337 Kuwahara
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`37. My discussion of Kuwahara (Exhibit 1006) pertains to the translation
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`provided to me, which is Exhibit 1007.
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`38. Kuwahara was published on November 24, 1998.
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`I understand that
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`Kuwahara was not cited during the prosecution of the ’ 138 patent, and therefore
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`was not considered by the Examiner of the ’ 138 patent. Kuwahara relates to a
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`decorative laminate, including a discontinuous metal layer on a first thermoplastic
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`layer, an adhesive layer on the discontinuous metallized layer opposite the first
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`thermoplastic layer, and a second metal layer on the adhesive layer. The
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`decorative laminate in Kuwahara can be used, for example, as a trim for electronic
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`equipment. Kuwahara uses a discontinuous metal layer in the laminate so that the
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`Exhibit 1017
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`laminate is not electrically conductive and yet maintains metal luster as a
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`decorative trim.
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`39. Kuwahara’s laminate includes two thermoplastic layers, such as a
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`polyethylene terephthalate (PET) layer and a vinyl chloride (VC) layer, and a
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`discontinuous metal layer made of a low-melting point metal, such as tin, placed
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`between the two thermoplastic layers. The metal layer is fonned on one of the
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`thermoplastic layers by a deposition technique, such as evaporation, ion plating or
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`sputtering. The metal deposition is controlled so that, after the nucleation, the
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`metal layer has a structure of islands. The separation between the metals islands is
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`100 — 5000 A. Low-melting point metals, such as Sn, Pb, Zn and Bi, are easily
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`formed into islands. An adhesive, a Vinyl chloride-vinyl acetate copolymer, is used
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`to attach the thermoplastic layer on which the metal islands are formed to another
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`thermoplastic layer. The adhesive is applied to the metal layer by a roll coater, and
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`then the two thermoplastic layers are laminated together using the adhesive under
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`heat and pressure. Since the adhesive is applied on top of the discontinuous metal
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`layer in a liquid state, the adhesive would inherently flow around the island metal
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`structures so that islands of metal would be in the adhesive. Kuwahara states that
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`the laminate can be colored and molded.
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`U.S. Patent No. 4,101,698 gDunning[
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`40. Dunning was patented on July 18, 1978 and is Exhibit 1008. During
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`prosecution of the ’ 138 patent, Dunning was applied against the claims as a
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`secondary reference to disclose a discontinuous metal layer. Dunning relates to a
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`decorative laminate, including a discontinuous metallized thermoplastic layer, used
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`as a trim for automobiles. Dunning uses the discontinuous metal layer in the
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`laminate to reduce corrosion of the laminate. Dunning’s laminate includes a
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`metallized thermoplastic layer, such as a polyurethane layer, and an adhesive
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`applied on the metallized surface of the thermoplastic layer. The laminate is
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`attached to an automotive part, such as a bumper or other substrate using the
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`adhesive. The bumper or other substrate may be a second thermoplastic layer
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`since these substrates may be made of thermoplastic materials, such as urethane
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`rubber. The metal layer is formed on the thermoplastic layer by a deposition
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`technique, such as evaporation and electroless plating. The metal deposition is
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`controlled so that the metal film has a thickness of 0.01 mil (2540 A) or less and
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`includes discontinuous dots. Dunning states that the metals that can be used for
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`this metallization include chromium, aluminum and indi11rn. Durming states
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`adhesives such as a vinyl coating adhesive or acrylic adhesive may be used.
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`Dunning also states that the adhesives may include pigments and the laminates
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`may be molded.
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`U.S. Patent No. 4,403,004 (Parker)
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`41.
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`Parker was patented on September 6, 1983 and is Exhibit 1009.
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`Parker was listed in an Information Disclosure Statement filed by the applicant of
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`the ’ 138 patent but was not relied on by the Examiner. Parker relates to a
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`decorative laminate, including a metallized thermoplastic layer, that can be used
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`for trim for automobiles. Parker describes a laminate structure with reduced
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`delamination problems including a first thermoplastic layer, a thin metal layer,
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`which has a thickness of 100 to 200 A, an adhesive on the side of the metal layer
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`opposite the first thermoplastic layer, and a second thermoplastic layer on the
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`adhesive layer opposite the metal layer. Parker states that the thermoplastic
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`polyethylene terephthalate (PET) may be used to form the thermoplastic layers.
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`Parker states that the thin metal layer may be formed from a Variety of metals
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`including chromium, nickel and aluminum. The metal layer is formed on one of
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`the thermoplastic layers by a deposition technique, such as evaporation. An
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`adhesive, such as a silicone resin or an acrylic polymer, is used to attach the
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`thermoplastic layer on which the metal islands are formed to another thermoplastic
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`layer. The adhesion process may be performed under pressure or heat. Parker
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`discloses that laminates may be colored and that the laminate may be molded.
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`U.S. Patent No. 4,275,099 gDani)
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`42. Dani was patented on June 23, 1981 and is Exhibit 1010. Dani was
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`not cited during the prosecution of the ’ 138 patent. Dani relates to a decorative
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`laminate that can be used for trim for automobiles. The laminate in Dani includes
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`a first thermoplastic layer, a metal layer on the first thermoplastic layer, an
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`adhesive layer on the metal layer opposite the first thermoplastic layer, and a
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`second thermoplastic layer on the adhesive layer opposite the metal layer. Dani
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`uses a uniform metal layer and reduces the delamination problem of the laminate
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`by using adhesives such as a polyurethane adhesive formed by the reaction of the
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`isocyanate with hydroxyl groups of the polyester polyol. Dani’s two thermoplastic
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`layers may be formed from thermoplastics such as polyethylene terephthalate
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`(PET) and polyvinyl chloride (PVC), and a metal layer made of metals, such
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`aluminum, placed between the two thermoplastic layers. The metal layer is formed
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`on one of the thermoplastic layers by a deposition technique, such as evaporation.
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`An adhesive that includes polyurethane formed by the reaction of the isocyanate
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`with hydroxyl groups of the polyester polyol is used to attach the metallized layer
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`to the second thermoplastic layer. The adhesive is applied to the metal layer on the
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`first thermoplastic layer by a roller, dried and then placed on the second
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`thermoplastic layer. The stack is then laminated under pressure and heat. Dani
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`states that these plastic automotive parts may be colored and molded.
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`U.S. Patent No. 5,532,045 (Wade)
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`43. Wade was patented on July 2, 1996 and is Exhibit 101 l. Wade was
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`not cited during the prosecution of the ’ 138 patent. Wade relates to a decorative
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`laminate that can be used as trim for automobiles. The laminate in Wade includes
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`a first thermoplastic layer, a patterned metal layer on the first thermoplastic layer,
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`an adhesive layer on the metal layer opposite the first thermoplastic layer, and a
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`second thermoplastic layer on the adhesive layer opposite the patterned metal
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`layer. Wade reduces weathering and corrosion problems of the laminate by
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`forming the laminate such that the patterned metal layer is not exposed at the edge
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`of the laminate. Wade’s two thermoplastic layers may be formed from
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`thermoplastics such as a polyester and polyurethane. The patterned metal layer
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`may be formed from a variety of metals, for example aluminum. The metal layer
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`is formed on one of the thermoplastic layers by a deposition technique, such as
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`evaporation, sputtering, ion beam deposition and chemical vapor deposition.
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`Wades states that the adhesive layer may be formed from a polyester, an acrylic, a
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`polyamide, an epoxy or a urethane adhesive. This adhesive is used to attach the
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`first thermoplastic layer and the patterned metal layer to the second thermoplastic
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`layer. Wade states that the thermoplastic layers and the adhesive may be colored.
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`Wade also states that the laminate may be molded.
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`U.S. Patent No. 4,407,871 (Eisfeller)
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`44.
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`Eisfeller was patented on October 4, 1983 and is Exhibit 1012.
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`Eisfeller was applied against the claims as a secondary reference to disclose a
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`discontinuous metal layer during the prosecution of the ’ 138 patent. Eisfeller
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`relates to a decorative laminate, including a metallized thermoplastic layer, used as
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`a trim for automobiles. Eisfeller discloses a first thermoplastic lay
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