Appeal No. 96-2593
Application No. 08/119,075
thermoplastic polyester laminated to the thermoplastic layer
comprising the aluminum oxide particles. Although appellants
stress this point in their principal and reply briefs, the
issue has apparently escaped the examiner. While appellants
give a detailed explanation why the magnetic layer of Murooka
does not qualify as the claimed thermoplastic polyester layer,
the examiner responds that "Murooka's polyester film and a
magnetic layer formed thereon . . . is, according to the
examiner, a laminate" since the "Examiner interprets a
laminate as an article made of at least two layers which two
layers need not be the same in form and shape" (sentences
bridging pages 3 and 4 of Answer). Notwithstanding the
accuracy of the examiner's definition of a laminate, the
examiner totally fails to address appellants' argument that
the magnetic layer of Murooka does not meet the claim
requirement for another thermoplastic polyester laminated
layer. Simply put, the examiner has not pointed out where
Murooka teaches or suggests appellants' additional
thermoplastic polyester layer.
Regarding separately argued claim 20 which requires that
the aluminum oxide particles have "an acicular or platy
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Last modified: November 3, 2007