Appeal 97-1804
Application 08/329,042
The title of the invention is "Cross-linked polyvinyl
butyral binder for organic photoconductor." Applicant
describes both single- and dual-layered OPC's. The drawings
depict OPC layers. Nothing in the specification would suggest
to one skilled in the art that applicant's "layer" is anything
but a layer in an OPC. It is manifest, from a consideration
of the specification as a whole, that applicant did not set
out to solve any problem other than an OPC problem. OPC's
have layers. Hence, in our view the broadest reasonable
construction of the word "layer" in claim 1, consistent with
the specification, is a "OPC layer." Hence, "layer" in claim
1 should be construed to mean "OPC layer" and not broadly a
layer for any purpose.
2. Section 112 rejection
We agree with applicant that the § 112 (and any new
matter rejection under 35 U.S.C. § 132) is resolved in the
basis of whether the specification, as filed, expressed a
concept of an OPC layer which is a continuous, non-porous,
self-cross-linked layer of PVB. In re Anderson, 471 F.2d
1237, 1244, 176 USPQ 331, 336 (CCPA 1973).
a.
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