Appeal No. 2006-0317
Application 10/192,106
may be present, because the term ‘comprises’ permits the inclusion of other steps, elements, or
materials.”).
The plain language of independent claims 4 and 6 is similar to that of claim 1 with the
same import, and further specifies that the substrate comprises at least a core layer and a first tie
layer, wherein the tie layer is cavitated and positioned between the core layer and the cavitated
skin layer. Indeed, contrary to the examiner’s position (answer, pages 4-5), the core layer and
cavitated tie layer are specified to exist in fact and thus, must clearly be given effect. See In re
Geerdes, 491 F.2d 1260, 1262-63, 180 USPQ 789, 791 (CCPA 1974). Both claims further
specify that at least one of the cavitated skin layer and the cavitated tie layer must comprise any
cavitating agent in the amount of from about 25 to about 50 weight percent of the total weight of
the cavitated layer, the other layer containing any amount of cavitating agent, however small.
The plain language of claim 6 further specifies that the substrate further comprises at least a
second tie layer between the core layer and an indicia-receiving skin layer, wherein the second
tie layer is on the other side of the core layer from the first tie layer.
We find that Liu would have disclosed to one of ordinary skill in this art an oriented
polymeric film structure which comprises at least three layers a) to c), at least one to three of
which are cavitated, and a cold seal adhesive coated on cavitated skin layer b): a) a core layer
which can be cavitated, can be the same or different than cavitated skin layer b), and can be
opaque; b) a cavitated polyolefin skin layer; and c) a skin layer which is either the same as
cavitated skin layer b) or fabricated from hydrocarbon homopolymers, copolymers or bends
thereof (e.g., col. 2, ll. 3-18 and 54-67, col. 4, ll. 26-35 and 52-66, and col. 6, ll. 46-68; FIG. 1).
The cavitating particles, including calcium carbonate and polybutylene terephthalate (PBT), “can
be present in amounts from about 1 to about 20 weight percent of layer (b) prior to orientation”
(col. 5, ll. 20-35). We find no limitations on the amount of cavitating agent which can be used in
the other layers, if different from layer b). However, the opacity of the core layer is obtained
upon orientation with void creating particles which can include PBT, and which “can be present
up to about 20% by weight of the matrix film” (col. 4, ll. 52-66). The film described in
Example 1 contains 6 parts PBT in the core layer and 15 parts of calcium carbonate in a skin
layer. Liu reports that calcium carbonate amounted to 3 percent by weight of the total structure
(col. 7, l. 28-30), and appellants find that the calcium carbonate “appears” to be 15 weight
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