Patent No. 6,455,138
`Petition For Inter Partes Review
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`Wavelock Advanced Technology Co., Ltd.,
`Petitioner
`
`v.
`
`Textron Innovations Inc.
`Patent Owner
`
`
`
`Patent No. 6,455,138
`Issue Date: September 24, 2002
`Title: METALLIZED SHEETING, COMPOSITES,
`AND METHODS FOR THEIR FORMATION
`_______________
`
`Inter Partes Review No. ______
`____________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW
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`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 et seq.
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`TABLE OF CONTENTS
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`Page
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`I. NOTICES AND STATEMENTS ......................................................................... 1
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`II. INTRODUCTION ................................................................................................ 2
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`III. THE '138 PATENT ............................................................................................. 3
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`A. Background ................................................................................................ 3
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`B. The Prosecution History ............................................................................ 4
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`IV. DETAILED EXPLANATION OF GROUNDS FOR INVALIDITY .............. 5
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`A. Claim Construction .................................................................................... 7
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`B. Kuwahara ................................................................................................... 7
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`C. Dunning .................................................................................................... 20
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`D. Parker ....................................................................................................... 33
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`E. Wade ......................................................................................................... 46
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`V. CONCLUSION ................................................................................................. 58
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`Exhibit List for Inter Partes Review of U.S. Patent No. 6,455,138
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`Exhibit Description
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`Exhibit #
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`U.S. Patent No. 6,455,138 to Murano
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`Office Action dated October 13, 2000
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`Amendment dated November 28, 2000
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`Office Action dated February 27, 2001
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`Notice of Allowance dated June 19, 2002
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`Japanese Patent Application Publication No. S63-286337 to
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`Kuwahara et al.
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`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`Translation of Japanese Patent Application Publication No. S63-
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`1007
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`286337 to Kuwahara et al. (with an affidavit of Mr. Eizo Tomono
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`attesting to the accuracy of the translation)
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`U.S. Patent No. 4,101,698 to Dunning et al.
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`U.S. Patent No. 4,403,004 to Parker et al.
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`U.S. Patent No. 4,275,099 to Dani
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`U.S. Patent No. 5,532,045 to Wade
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`U.S. Patent No. 4,407,871 to Eisfeller
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`U.S. Patent No. 4,503,189 to Igarashi et al.
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`European Patent Application Publication No. 0 738 580 to Ohta
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`1008
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`1009
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`1010
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`1011
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`1012
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`1013
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`1014
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`1015
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`1016
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`1017
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`U.S. Patent No. 4,010,297 to Wenrick et al.
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`U.S. Patent No. 4,397,896 to Moran
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`Declaration of Robert Iezzi, Ph.D.
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`Petitioner Wavelock Advanced Technology Co., Ltd. (“Petitioner”)
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`respectfully petitions for inter partes review of claims 1-3, 8, 10, 16-19, 21 and 25-
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`36 of U.S. Patent No. 6,455,138 (“the '138 patent” (Ex. 1001)) in accordance with
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`35 U.S.C. §§ 311-319 and 37 C.F.R. § 42.100 et seq.
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`I. NOTICES AND STATEMENTS
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`Pursuant to 37 C.F.R. § 42.8(b)(1), Petitioner identifies Wavelock Advanced
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`Technology Co., Ltd. as the real party-in-interest.
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`Pursuant to 37 C.F.R. § 42.8(b)(2), there are no related matters.
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`Pursuant to 37 C.F.R. § 42.8(b)(3), Petitioner identifies the following
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`counsel and a power of attorney accompanies this Petition.
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`Lead Counsel
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`Backup Counsel
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`Mehran Arjomand
`marjomand@mofo.com
`Registration No.: 48,231
`MORRISON & FOERSTER LLP
`555 West Fifth Street
`Los Angeles, California 90013-1024
`Tel: (213) 892-5630
`Fax: (323) 210-1329
`
`
`Jonathan Bockman
`jbockman@mofo.com
`Registration No.: 45,640
`MORRISON & FOERSTER LLP
`1650 Tysons Boulevard, Suite 400
`McLean, Virginia 22102-4220
`Tel: (703) 760-7769
`Fax: (703) 760-7777
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`Pursuant to 37 C.F.R. § 42.8(b)(4), service information for lead and back-up
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`counsel is provided above.
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`Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that the '138 patent is
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`available for inter partes review and that the Petitioner is not barred or estopped
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`from requesting an inter partes review challenging the patent claims on the
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`grounds identified in this Petition.
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`II.
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`INTRODUCTION
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`The '138 patent is directed to a metallized composite for reflective surfaces
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`such as mirrors or decorative trim on automobiles. Claim 1, the sole independent
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`claim, recites a composite comprising two thermoplastic layers with a
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`discontinuous layer between them. The discontinuous layer includes discrete
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`islands of metal in an adhesive. All these recited elements were well known. The
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`claim was nevertheless allowed, because the applied art allegedly did not disclose
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`all of these elements in a single composite structure. The prosecution was
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`conducted almost a decade before KSR Int’l v. Teleflex Inc., 550 U.S. 398 (2007).
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`In this Petition, Petitioner presents two anticipatory references that disclose
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`the very claimed elements in the same composite structure. Moreover, Petitioner
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`presents two additional combinations of references that render claim 1 obvious
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`under the KSR rationales. Section III of this Petition summarizes the '138 patent
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`and its prosecution history. Section IV sets forth the detailed grounds for
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`invalidity of claim 1 and its dependent claims at issue. Accordingly, Petitioner
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`respectfully requests a Decision to institute inter partes review.
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`III. THE '138 PATENT
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`A.
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`Background
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`The '138 patent is directed to a metallized composite for reflective surfaces.
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`(See Abstract.) In the Background section, the applicant acknowledges a known
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`composite having two polymer sheets and a continuous metal layer disposed
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`between them. (1:10-14.) Such a composite, however, experiences delamination
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`and corrosion problems. (1:15-23.) The applicant acknowledges that a known
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`solution to these problems is to make the metal layer discontinuous on a polymer
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`basecoat and then deposit and polymerize a monomer top-coat on the
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`discontinuous metal layer. (1:24-32.) However, according to the applicant, the in
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`situ polymerization of a top-coat layer apparently does not lead to strong bonding
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`between the layers. (1:32-60.)
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`In place of an in situ polymerized top-coat layer, the '138 patent uses
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`adhesive to allow a second thermoplastic layer as the top-coat layer. For example,
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`FIG. 1 below employs two thermoplastic layers 12, 24 that are laminated together
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`to sandwich the discontinuous layer 14 of metal islands 20 in an adhesive bedding
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`22. (2:23-25.)
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`The thermoplastic layers of the composite are not polymerized in situ, which
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`according to the '138 patent, presents numerous advantages. (2:21-59.) It should
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`be emphasized that the claims of the '138 patent are not directed to a method of
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`forming the composite, but rather to the composite itself.
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`B.
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`The Prosecution History
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`Claim 1 was subjected to a single Office Action before it was allowed. In an
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`Office Action dated October 13, 2000 (Ex. 1002), the Examiner rejected claim 1
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`(original claim 2) only under § 103(a) based on Kurfman et al. (US 4,115,619) or
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`Kurfman et al. (US 4,211,822) in view of Eisfeller (US 4,407,871) or Dunning (US
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`4,101,698). The Examiner explained that each of the Kurfman references discloses
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`the claimed composite, except for the discontinuous metallized layer. (Ex. 1002,
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`3-5.) Eisfeller and Dunning were cited for this deficiency. (Id.) The Examiner
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`relied upon well-known facts to address many of the dependent claims. (Id., 5-6.)
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`For dependent claims directed to types of adhesives, he relied upon Igarashi et al.
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`(US 4,503,189). (Id.)
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`The applicant responded by first attacking each of the references
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`individually as failing to disclose all the recited composite elements. (Amendment
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`dated November 28, 2000 (Ex. 1003), 3-5.) For example, according to the
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`applicant, the Kurfman references only disclosed a continuous metallized layer.
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`Second, the applicant asserted that the Kurfman references could not be modified
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`in view of the discontinuous metallized layers of Eisfeller or Dunning, because the
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`Kurfman references “require that the metal layer form an essentially continuous
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`film.” (Id., 5.) According to the applicant, Kurfman emphasized that a continuous
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`film was necessary to provide electroconductivity. (Id., 4.)
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`With respect to Dunning, the applicant stated that “there is no disclosure or
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`suggestion in either Eisfeller '871 or Dunning, et al. that the thermosets employed
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`as at least one of the elastomeric layers could be substituted with thermoplastic to
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`form either of Applicant’s claimed embodiments of the metalized composite.”
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`(Id., 5.) As explained below in Section IV.C, the applicant wrongly characterized
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`Dunning. None of Dunning’s applicable layers is limited to “a thermoset” layer.
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`As to the dependent claims, the applicant did not challenge the well-known
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`facts or Igarashi, but rather relied upon claim 1. (Id., 6-7.) The Examiner
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`thereafter allowed claim 1 by noting the applied art did not disclose the claimed
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`composite. (Office Action dated February 27, 2001 (Ex. 1004), 4; Notice of
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`Allowance dated June 19, 2002 (Ex. 1005), 3.)
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`IV. DETAILED EXPLANATION OF GROUNDS FOR INVALIDITY
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`Pursuant to 37 C.F.R. § 42.104(b), Petitioner respectfully requests the
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`cancellation of claims 1-3, 8, 10, 16-19, 21 and 25-36 of the '138 patent based on
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`the grounds of invalidity as set forth in this Petition.
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`Specifically, Petitioner submits that claim 1 of the '138 patent was
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`anticipated well before the '138 patent was filed. The Kuwahara reference
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`discussed below (Section B) discloses the very claimed elements in a composite
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`structure. Furthermore, Dunning, which was used as a secondary reference in the
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`prosecution, is also in fact an anticipatory reference (Section C). Two additional
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`references – Parker and Wade (Sections D and E) – disclose all the elements of the
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`claimed composite, except for a discontinuous metallized layer. However, these
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`references seek to reduce delamination and corrosion of a metallized composite.
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`Eisfeller discloses that delamination and corrosion can be reduced by using a
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`discontinuous layer. Further, these references do not teach away from a
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`discontinuous metallized layer, unlike the purportedly deficient Kurfman
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`references. Finally, the dependent claims at issue merely recite variations of the
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`composite that were well within the knowledge of the skilled artisan.
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`Before addressing these grounds of invalidity, Petitioner sets forth how the
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`challenged claims are to be construed in Section A below. 37 C.F.R. §
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`42.104(b)(3). In each follow-on section (B-E), Petitioner sets forth the specific art
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`and statutory grounds on which the challenge is based in a table at the start of the
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`section. 37 C.F.R. § 42.104(b)(2). Petitioner then presents a discussion of how the
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`claims are unpatentable under the statutory grounds raised. 37 C.F.R. §
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`42.104(b)(4). Finally, Petitioner sets forth a claim chart that specifies where each
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`element of a challenged claim is met by the prior art. 37 C.F.R. § 42.104(b)(4).
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`The showing in these sections establishes a reasonable likelihood of prevailing as
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`to each ground of invalidity with respect to the challenged claims as to that ground.
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`The grounds for invalidity set forth below are supported by the declaration
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`of Dr. Robert Iezzi, who provides testimony regarding the prior art and the
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`understanding of one of ordinary skill in the art. Mr. Iezzi’s declaration is attached
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`as Ex. 1017.
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`A. Claim Construction
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`Petitioner notes that a claim is given the “broadest reasonable construction in
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`light of the specification” in inter partes review. See 37 C.F.R. § 42.100(b).
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`Claim 33 recites “wherein said composite is supported by a substrate.”
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`“Substrate” is construed herein as any material that supports a composite. The '138
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`patent provides an open-ended, lengthy list of applicable materials – from
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`thermoplastic polyurethane to steel – which have in common the ability to support
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`a composite. (5:27-34.)
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`B. Kuwahara
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`Grounds 1-5 are based on Kuwahara (Ex. 1006) and are addressed together
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`below. An English translation of Kuwahara and the requisite affidavit under 37
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`C.F.R. § 42.63(b) is provided at Ex. 1007. Citations in this Petition to Kuwahara
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`refer to the certified English translation.
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`Ground 35 USC
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`Claims
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`References
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`102(b) 1-3, 10, 26,
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`JP S63-286337 (“Kuwahara”) (Ex. 1007)
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`31, 32, 36
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`103(a) 8, 25
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`Kuwahara in view of Eisfeller (Ex. 1012)
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`103(a) 16-19, 21
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`Kuwahara in view of Igarashi (Ex. 1013)
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`103(a) 16-18, 27-30,
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`Kuwahara in view of US 5,532,045 to Wade
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`33
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`(Ex. 1011)
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`103(a) 35
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`Kuwahara in view of US 4,397,896 to Moran
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`(Ex. 1016)
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`1
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`2
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`3
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`4
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`5
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`Kuwahara is a Japanese patent application (later patent) that was published
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`on November 24, 1988, and thus qualifies as prior art under § 102(b) based on the
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`earliest effective filing date of the '138 patent. Kuwahara was not applied or even
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`considered during the prosecution of the '138 patent. Like the '138 patent,
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`Kuwahara is directed to a decorative laminate, which can be used, for example, as
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`a trim for electronic equipment. (2:3-7.) Kuwahara uses a discontinuous metal
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`layer in the laminate so that the laminate is not electrically conductive and yet
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`maintains metal luster as a decorative trim. (3:1-6.) For two examples, Kuwahara
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`discloses:
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`[A] deposited Sn layer was provided in an island structure shown
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`below on one surface of a 12 µm thick elongated piece of a
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`polyethylene
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`terephthalate [PET] film by performing vacuum
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`deposition under evaporation conditions shown below with a semi-
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`continuous vacuum deposition apparatus; a vinyl chloride-vinyl
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`acetate copolymer resin was applied to the deposited Sn layer of the
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`examples to a thickness of a 2 µm with a roller coater, then heated
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`with a 200 µm thick polyvinylchloride [VC] film and laminated under
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`pressure. (5:14-22.)
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`When this disclosure is illustrated as shown below, it is clear that Kuwahara fully
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`anticipates claim 1.
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`PET film (1st thermoplastic layer)
`Islands of Sn in a vinyl chloride-vinyl acetate copolymer resin
`(discontinuous metallized layer in adhesive)
`VC film (2nd thermoplastic layer)
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`The remaining dependent claims at issue merely claim routine variations that
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`are anticipated by Kuwahara or would have been obvious in view of the secondary
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`references listed in the table above.
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`Claims 8 and 25 respectively define the first thermoplastic layer as ABS and
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`the metal an indium. Eisfeller issued on October 4, 1983, and thus qualifies as
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`prior art under § 102(b) based on the earliest effective filing date of the '138 patent.
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`Like Kuwahara, Eisfeller relates to a decorative laminate having a first
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`thermoplastic layer and a discontinuous metal layer on the surface of the first
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`thermoplastic layer. (2:52-56.) Eisfeller discloses that its thermoplastic layer is
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`ABS and its metal is indium. (6:57-59; 2:52-56.) It would have been obvious to
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`employ Eisfeller’s ABS and indium in Kuwahara, as it would have been a simple
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`substitution of one known element for another with predictable results. (Iezzi (Ex.
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`1017), ¶¶ 62-63, 80-83.)
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`Claims 16-19 and 21 are directed to further limitations on the claimed
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`adhesive. These limitations were well-known in view of Igarashi or Wade.
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`Igarashi issued on March 5, 1985, and thus qualifies as prior art under § 102(b)
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`based on the earliest effective filing date of the '138 patent. During prosecution,
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`the Examiner applied Igarashi’s disclosure of adhesives for adhering plastic and
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`metallized film layers, and the applicant never challenged Igarashi on this basis.
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`Wade issued on July 2, 1996, and thus qualifies as prior art under § 102(b)
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`based on the earliest effective filing date of the '138 patent. Wade discloses the
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`same laminate structure as Kuwahara: a first polymer layer, a metal layer, an
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`adhesive layer, and a second polymer layer. (4:23-29; 5:53-6:39; FIGS. 1-2.)
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`Persons of ordinary skill in the art would have understood that Wade’s
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`implementations, such as the type of adhesive used in claims 16-18, could readily
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`be employed in Kuwahara. (Iezzi (Ex. 1017), ¶¶ 70-71, 73-74.)
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`Claims 27-30 and 33 are directed to tinting and the use of a substrate. All
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`these features are likewise disclosed by Wade.
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`Claim 35 discloses that the composite could be embossed. Moran issued on
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`August 9, 1983, and thus qualifies as prior art under § 102(b) based on the earliest
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`effective filing date of the '138 patent. It discloses embossing decorative trim for
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`automobiles (1:21-31), which could readily be implemented for Kuwahara’s trim.
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`(Iezzi (Ex. 1017), ¶ 96.)
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`Thus, Petitioner has set forth above a discussion of how the claims are
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`unpatentable under the statutory grounds raised in Section B. 37 C.F.R. §
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`42.104(b)(4). Petitioner sets forth below a claim chart that specifies where each
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`element of a challenged claim is met by the prior art in this section. 37 C.F.R. §
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`42.104(b)(4).
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`Claim
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`1.1 A metallized
`composite,
`comprising:
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`1.2 a) a first
`thermoplastic layer;
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`1.3 b) a discontinuous
`layer on said first
`layer,
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`Kuwahara: “This invention relates to a molded article
`having metallic luster and insulating properties, the
`molded article being composed of a molded body and a
`metalized film adhered thereto, wherein the vapour
`deposited metal layer of the metalized film is provided in
`an island structure so as to have insulating properties.”
`Translation (Ex. 1007), 3:1-6.
`Kuwahara: “As a film for use in the metalized film,
`polyethylene terephthalate film, polypropylene film,
`polyethylene film, polyvinylchloride film or any of other
`various plastic films can be used.” Translation, 3:24-27.
`As an example, Kuwahara discloses “[i]n example 1 and
`example 2, a deposited Sn layer was provided in an
`island structure shown below on one surface of a 12 µm
`thick elongated piece of a polyethylene terephthalate
`film . . . .” Translation, 5:14-16. Polyethylene
`terephthalate (PET) is thermoplastic.
`Kuwahara: “the metalized film or the deposited metal
`layer is provided in an island structure so as to have
`insulating properties.” Translation, 3:14-15.
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`See 1.3 with respect to the discrete islands of metal.
`With respect to adhesive, Kuwahara: “Also, the
`metalized film may be provided by being adhered to
`another plastic film or the like.” Translation, 3:21-22.
`Kuwahara further explains "a vinyl chloride-vinyl acetate
`copolymer resin was applied to the deposited Sn layer of
`the examples to a thickness of 2 µm with a roller coater,
`then heated with a 200 µm thick polyvinylchloride film
`and laminated under pressure.” Translation, 5:19-22
`(emphasis added). The vinyl chloride-vinyl acetate
`copolymer resin is an adhesive between the metalized
`film surface and the 200 µm thick vinyl chloride film.
`(Iezzi (Ex. 1017), ¶ 57.) Because the vinyl chloride
`adhesive is applied directly over the discrete islands of
`metal, the discrete islands of metal would be in the
`adhesive.
`See 1.4. The 200 µm thick vinyl chloride (VC) film is a
`second thermoplastic layer.
`The discontinuous Sn layer discussed at 1.3 is between
`the thermoplastic PET film and the thermoplastic VC
`film as discussed at 1.2, 1.4 and 1.5.
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`Kuwahara: The PET film and the VC film are laminated
`using the vinyl chloride-vinyl acetate copolymer resin as
`an adhesive. See 1.2, 1.4 and 1.5.
`
`Kuwahara: “As a film for use in the metalized film,
`polyethylene terephthalate film, polypropylene film,
`polyethylene film, polyvinylchloride film or any of other
`various plastic films can be used.” Translation, 3:24-27
`(emphasis added).
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`Kuwahara: “As a film for use in the metalized film,
`polyethylene terephthalate film, polypropylene film,
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`1.4 said
`discontinuous layer
`including discrete
`islands of metal in an
`adhesive; and
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`1.5 c) a second
`thermoplastic layer,
`1.6 said
`discontinuous layer
`being between said
`first and second
`thermoplastic layers.
`2. The metallized
`composite of claim 1,
`wherein said first and
`second thermoplastic
`layers are laminated
`together.
`3. The metallized
`composite of claim 1,
`wherein at least one
`of the thermoplastic
`layers includes
`polyethylene
`terephthalate.
`8. The metallized
`composite of claim 1,
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`wherein the first
`thermoplastic layer
`includes acrylonitrile
`butadiene styrene.
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`10. The metallized
`composite of claim 1,
`wherein the first
`thermoplastic layer
`includes
`thermoplastic olefin.
`16. The metallized
`composite of claim 1,
`wherein said adhesive
`includes at least one
`component selected
`from the group
`consisting of styrene-
`butadiene
`copolymers,
`ethylvinyl acetates,
`polyesters,
`polyamides, acrylic
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`polyethylene film, polyvinylchloride film or any of other
`various plastic films can be used.” Translation, 3:24-27
`(emphasis added).
`Eisfeller (Ex. 1012): Eisfeller discloses formation of
`discrete islands of metal on a thermoplastic film. “[I]f
`the metal layer as it is being deposited or coalesced into
`electrically discrete islands and maintained electrically
`non-conductive, the metal layer is corrosion resistant if
`adequately topcoated even though the metal is one that is
`corrosion prone such as indium.” 4:64-5:2. Tin is used
`as a metal layer in Eisfeller. 6:23-28. Eisfeller’s metals
`are deposited on a polyacrylonitrile-butadiene-styrene
`(ABS). 6:57-59. One of Kuwahara’s objectives is to
`make an electrically non-conductive laminate film.
`Translation, 3:1-6. Eisfeller achieves non-conductivity
`of a laminate film by depositing tin on ABS. As
`Kuwahara specifically references that other types of
`plastic films could be used, it would have been obvious
`to the skilled artisan to use Eisfeller’s ABS for
`depositing the same metal, tin, to achieve non-
`conductivity of the laminate film in Kuwahara.
`Kuwahara: “As a film for use in the metalized film,
`polyethylene terephthalate film, polypropylene film,
`polyethylene film, . . . can be used.” Translation, 3:24-27
`(emphasis added). Polypropylene and polyethylene are
`both thermoplastic olefins.
`
`Wade (Ex. 1011): Wade discloses a laminate structure
`including a first polymer layer 20, a metal layer 26, an
`adhesive layer 30, and a second polymer layer 40. 4:23-
`29; 5:53-6:39; FIGS. 1-2. The first polymer layer may
`be polyester. 4:6-10. The metal is aluminum or other
`metals. 4:56-59. The second polymer layer/substrate
`layer may be polyvinyl chloride. 6:21-27. “Generally,
`adhesive 30 can be a thermoplastic or cross-linked (with
`or without aid of an active or latent crosslinking agent)
`polyester, acrylic, polyamid or urethane adhesive
`capable of preventing delamination of vehicle part 10 as
`well as polyvinylchloride or epoxy, or mixtures of any of
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`pressure-sensitive
`adhesives, silicone
`pressure-sensitive
`adhesives,
`polyurethanes and
`isocyanate-
`crosslinked polymers.
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`17. The metallized
`composite of claim
`16, wherein the
`adhesive is a
`thermally activated
`adhesive.
`
`the above.” 5:59-64 (emphasis added).
`Kuwahara: Kuwahara’s first thermoplastic layer is PET,
`which is polyester. Kuwahara’s second thermoplastic
`layer is vinyl chloride film. Replacing Kuwahara’s
`adhesive (vinyl chloride-vinyl acetate copolymer resin)
`with Wade’s adhesive would have been an obvious
`design modification to one of ordinary skill in the art,
`because both adhesives join similar materials (a
`polyester and a PVC) and are used to form similar
`structures. (Iezzi (Ex. 1017), ¶¶ 70-71.)
`Igarashi (Ex. 1013): Igarashi discloses an adhesive for
`metalized films and plastic films. In one embodiment, a
`PET film is metallized. 5:46-53. The metallized film
`composites made by Igarashi’s adhesive is for
`“application in decorative materials , electrical industry. .
`. .” 1:17-19. The metals for metallization are aluminum,
`nickel, chrome and their alloys. 1:8-16. Igarashi’s
`adhesive includes “(A) a polyester polyol, polyester
`polyurethane polyol or their mixture, (B) a silane
`coupling agent, (C) a vinyl-chloride copolymerization
`resin, (D) a diene synthetic rubber and (E) an organic
`polyisocyanate.” 2:3-8 (emphasis added). See also
`Table 1. Replacing Kuwahara’s adhesive with Igarashi’s
`adhesive would have been an obvious design
`modification to one of ordinary skill in the art, because
`both adhesives are used for metallized PET films and the
`applications for both Kuwahara and Igarashi include
`decorative articles for electrical equipment. Translation
`of Kuwahara, 1:3-7. (Iezzi (Ex. 1017), ¶ 72.)
`Kuwahara: “a vinyl chloride-vinyl acetate copolymer
`resin was applied to the deposited Sn layer of the
`examples to a thickness of 2 µm with a roller coater, then
`heated with a 200 µm thick polyvinylchloride film and
`laminated under pressure.” Translation, 5:19-22
`(emphasis added).
`Wade: “adhesive 30 can be cured merely by the
`application of pressure, by the application of heat and
`pressure.” 6:34-36 (emphasis added).
`Igarashi: “In conducting a bonding treatment with the
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`18. The metallized
`composite of claim
`17, wherein the
`adhesive includes two
`components.
`
`19. The metallized
`composite of claim
`18, wherein the
`adhesive includes
`polyester and
`isocyanate.
`21. The metallized
`composite of claim
`18, wherein the
`adhesive includes
`polyurethane and
`isocyanate.
`
`25. The metallized
`composite of claim 1,
`wherein said metal is
`indium.
`
`use of the adhesive composition according to the present
`invention, the conventionally employed methods, such as
`. . . curing the composition at ordinary temperature or
`under heating, are adopted.” 5:36-43 (emphasis added).
`Wade: “Generally, adhesive 30 can be a thermoplastic
`or cross-linked (with or without aid of an active or latent
`crosslinking agent) polyester, acrylic, polyamid or
`urethane adhesive capable of preventing delamination of
`vehicle part 10 as well as polyvinylchloride or epoxy, or
`mixtures of any of the above.” 5:59-64 (emphasis
`added).
`Igarashi: Igarashi’s adhesive includes “(A) a polyester
`polyol, polyester polyurethane polyol or their mixture,
`(B) a silane coupling agent, (C) a vinyl-chloride
`copolymerization resin, (D) a diene synthetic rubber and
`(E) an organic polyisocyanate.” 2:3-8 (emphasis added);
`see also Table 1.
`Igarashi: Igarashi’s adhesive includes “(A) a polyester
`polyol, polyester polyurethane polyol or their mixture,
`(B) a silane coupling agent, (C) a vinyl-chloride
`copolymerization resin, (D) a diene synthetic rubber and
`(E) an organic polyisocyanate.” 2:3-8 (emphasis added);
`see also Table 1.
`See claim 19.
`
`Kuwahara: “As a film for use in the metalized film,
`polyethylene terephthalate film, polypropylene film,
`polyethylene film, polyvinylchloride film or any of other
`various plastic films can be used.” Translation, 3:24-27
`(emphasis added). Kuwahara discloses that low melting
`point metals are good for the metal coating and lists Sn,
`Pb, Zn and Bi as examples. Translation, 4:17-27.
`Eisfeller: Eisfeller discloses formation of discrete
`islands of metal on a thermoplastic film. “In general, the
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`26. The metallized
`composite of claim 1,
`wherein said metal is
`selected from the
`group consisting of
`zinc, tin, gallium,
`aluminum, cadmium,
`copper, nickel,
`cobalt, iron, stainless
`steel, gold, platinum,
`chromium, nichrome,
`palladium, and
`rhodium.
`
`27. The metallized
`composite of claim 1,
`wherein at least one
`of said thermoplastic
`layers is tinted.
`
`coalesced islands forming the indium films of the present
`invention are smaller and there is a much greater spacing
`between them that can be filled with the resin of the top
`coating, in effect encapsulating the islands and binding
`them to the substrate surface.” 2:52-56. Eisfeller, like
`Kuwahara, uses polypropylene as the first thermoplastic
`layer. 6:57-59. Indium is a low melting point metal (tin
`has a melting point of 232ºC and indium 157ºC). One of
`Kuwahara’s objectives is to make an electrically non-
`conductive laminate film. Translation, 3:1-6. Eisfeller
`achieves this objective through the use of indium. It
`would have been obvious to replace Kuwahara’s tin with
`Eisfeller’s indium, because both tin and indium have a
`low melting point and are deposited on the same
`thermoplastic layer in both references. (Iezzi (Ex. 1017),
`¶¶ 80-83.)
`Kuwahara: Kuwahara’s metal layer may be a tin layer.
`Translation, 5:14. Kuwahara also lists zinc as an
`additional example. Translation, 4:17-27.
`
`Wade: Wade discloses a laminate structure including a
`first polymer layer 20, a metal layer 26, an adhesive
`layer 30, and a second polymer layer 40. 4:23-29; 5:53-
`6:39; FIGS. 1-2. The first polymer layer may be
`polyester. 4:6-10. “These polymers can be clear or
`tinted.” 4:12-13 (emphasis added).
`Kuwahara: “Needless to say, a coloured or uncoloured
`protective film may exist on the deposited metal layer.”
`3:19-21. Kuwahara’s first thermoplastic layer is PET,
`which is a polyester like Wade. Adding Wade’s tinting
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`to Kuwahara’s PET layer would have been an obvious
`design choice, given Kuwahara’s express statement that
`the protective layer may be colored.
`Wade: Wade discloses a laminate structure including a
`first polymer layer 20, a metal layer 26, an adhesive
`layer 30, and a second polymer layer 40. 4:23-29; 5:53-
`6:39; FIGS. 1-2. The first polymer layer may be
`polyester. 4:6-10. The second polymer layer/substrate
`layer may be polyvinyl chloride. 6:21-27. Wade further
`discloses: “Different pigments, such as metallic or
`pearlescent pigments, can be included in adhesive 30 in
`addition to micronized titanium oxide, fluorescent
`pigments or graphite. Additionally, other dye, coloring
`or pigment materials can be included to provide the
`desired color and appearance to vehicle part 10.” 5:67-
`6:5.
`Kuwahara: Kuwahara’s first thermoplastic layer is PET,
`which is polyester. Kuwahara’s second thermoplastic
`layer is vinyl chloride film. Replacing Kuwahara’s
`adhesive (vinyl chloride-vinyl acetate copolymer resin)
`with Wade’s tinted adhesive would have been an
`obvious design modification to one of ordinary skill in
`the art, because both adhesives join similar materials (a
`polyester and a PVC) and are used to form similar
`structures. (Iezzi (Ex. 1017), ¶ 87.)
`Wade: “These polymers can be clear or tinted.” 4:12-13
`(emphasis added); see also claim 27. “Different
`pigments, such as metallic or pearlescent pigments, can
`be included in adhesive 30 in addition to micronized
`titanium oxide, fluorescent pigments or graphite.
`Additionally, other dye, coloring or pigment materials
`can be included to provide the desired color and
`appearance to vehicle part 10.” 5:67-6:5 (emphasis
`added).
`Wade: “Advantageously, adhesive 30 is colored or
`pigmented, to match or complement either the interior or
`exterior colors of the car. Different pigments, such as
`metallic or pearlescent pigments, can be included in
`adhesive 30 in addition to micronized titanium oxide,
`
`28. The metallized
`composite of claim 1,
`wherein the adhesive
`layer is tinted.
`
`29. The metallized
`composite of claim 1,
`wherein at least one
`of said thermoplastic
`layers is tinted with a
`dye.
`
`30. The metallized
`composite of claim 1,
`wherein either of said
`first or second
`thermoplastic layers
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`includes carbon
`black.
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`31. The metallized