Appeal 2007-1899
Application 10/112,743
Sci. Tech. Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827, 1830 (Fed. Cir.
2004); In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir.
2000); In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed.
Cir. 1997); In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed.
Cir. 1989).
The plain language of independent claim 1 specifies any
semiconductive member of any manner of apparatus comprising at least any
manner of coating layer formed on any part of a surface thereof wherein the
coating layer comprises at least any conductive agent that is coated with any
resin that has had any ion previously added before coating the conductive
agent. The term “comprising” in transition and in the body of the claim
opens the claim to include any member having any manner of construction
in addition to the coating layer on any part of the surface, and any manner of
coating layer containing any manner of materials in addition to the
conductive agent coated with the ion containing resin. See generally,
Vehicular Technologies Corp. v. Titan Wheel Int’l Inc., 212 F.3d 1377,
1383, 54 USPQ2d 1841, 1845 (Fed. Cir. 2000); Genentech Inc. v. Chiron
Corp., 112 F.3d 495, 501, 42 USPQ2d 1608, 1613 (Fed. Cir. 1997); In re
Baxter, 656 F.2d 679, 686, 210 USPQ 795, 802 (CCPA 1981). The
semiconductive member can be a part of an electrophotographic apparatus as
specified in dependent claim 11. Dependent claim 4 limits claim 1 by
specifying the surface roughness of the coating layer.
We agree with Appellants that claim 1 requires the specified coating
layer is a constituent part of the structure of the semiconductive member,
that is, the layer is not transitive in nature dependent on material used in a
4
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