Appeal No. 1999-1461
Application No. 08/812,916
layer with Yonekura’s surface layer would correspond to the
appellants’ independent claim.
In this last mentioned regard, we share the appellants’
position that their claimed surface layer does not encompass a
composition in which the polybutene-1 resin is crosslinked
along with the polypropylene resin and the copolymer rubber in
contrast with the Yonekura surface layer composition in which
all of these ingredients are crosslinked. It is here
appropriate to emphasize that application claims are to be
given their broadest reasonable interpretation consistent with
the specification and that claim language should be read in
light of the specification as it would be interpreted by one
of ordinary skill in the art. In re Sneed, 710 F.2d 1544,
1548, 218 USPQ 385, 388 (Fed. Cir. 1983). When so
interpreted, appealed claim 1 cannot be reasonably considered
to encompass a surface layer composition in which the
polybutene-1 resin of component (B) is crosslinked with the
thermoplastic elastomer of component (A).
According to the examiner, “[i]t would not be
unreasonable to believe that peroxide materials [i.e.,
crosslinking agents used to obtain the appellants’ partially
crosslinked thermoplastic elastomer] would be present during
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