Appeal 97-1804
Application 08/329,042
layer will adversely affect electrical charged
acceptance and retention.
Finding 28. When Dr. Nguyen's testimony is considered, as a
whole, we are inclined, under the unique facts of this case,
to give it more weight than we might give an opinion made
without a statement of the underlying basis or technical
support to back it up. When Dr. Nguyen's testimony is given
some weight, it becomes apparent that the language
"continuous, non-porous" added to the specification and claims
becomes nothing more than an explicit statement of a known
characteristic of an OPC layer as it would have been
understood by one skilled in the art. Accordingly, addition
of "continuous, non-porous" is not new matter within the
meaning of 35 U.S.C. § 132, last sentence.
c.
For the reasons given, the examiner's rejection of all
the claims under the first paragraph of 35 U.S.C. § 112,
- 21 -
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: November 3, 2007