Appeal No. 1995-4675
Application No. 07/875,452
drawing figures and examples consistently disclose amorphous
nylon only as the material of construction for the inventive
barrier layer under consideration. More significantly, page 5
of the specification expressly discloses “it has been found
that such low-strength amorphous nylon can be used as the
barrier material in a paperboard substrate without requiring
an additional high strength polymer or an additional oxygen
barrier layer” (lines 14-17; emphasis added).
These disclosures lead us to conclude that it would not
be reasonable and consistent with the subject specification to
interpret the claim phrase “an amorphous nylon layer” in the
manner urged by the examiner, namely, as encompassing
Löfgren’s layer of amorphous nylon mixed with EVOH. Indeed,
the examiner’s proffered claim interpretation would actually
be inconsistent with the aforequoted disclosure on page 5 of
the appellants’ specification. Under these circumstances, it
is clear that the examiner’s anticipation as well as his
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