Ex Parte Mizuno - Page 4



               Appeal 2006-2553                                                                            
               Application 10/685,587                                                                      

               integrally bonded to a back surface of said substrate through an adhesive                   
               layer" excludes intervening layers such as the metal deposition layer of                    
               Parker.  Appellant also argues that the Vander Velden reference does not                    
               cure the deficiency of Parker (Br. 5).                                                      
                      We cannot agree with the Appellant that the phrase “integrally                       
               bonded” excludes the metal layer described by Parker.  From our                             
               perspective, the term “integrally” is sufficiently broad to embrace the                     
               attachment of the backing material through the metal vapor layer to the                     
               substrate as disclosed in Parker.  Our reviewing court has on several prior                 
               occasions interpreted the term "integral" to cover more than a unitary                      
               construction.  See, e.g, Advanced Cardiovascular Sys. v. Scimed Life Sys.,                  
               887 F.2d 1070, 1074, 12 USPQ2d 1539, 1542 (Fed. Cir. 1989) (nothing of                      
               record limited "integral" to mean "of one-piece" construction); In re Hotte,                
               475 F.2d 644, 647, 177 USPQ 326, 329 (CCPA 1973); In re Kohno,                              
               391 F.2d 959, 157 USPQ 275 (CCPA 1968); In re Dike, 394 F.2d 584,                           
               157 USPQ 581 (CCPA 1968); In re Larson, 340 F.2d 965, 144 USPQ 347                          
               (CCPA 1965); and In re Clark, 214 F.2d 148, 102 USPQ 241 (CCPA 1954                         
               The dictionary definition cited by Appellant (Br. 5) does not conclusively                  
               limit “integral” to exclude the intervening layer disclosed by Parker.  In                  
               other words, Parker discloses all of the layers “essential to completeness.”                
               Also, one definition in Webster’s New Collegiate Dictionary is “formed as a                 
               unit with another part.”  Manifestly, the laminate of Parker is formed as a                 
               unit, and the inclusion of a metal layer between Appellant’s substrate and                  

                                                    4                                                      




Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007