Appeal No. 1997-2837 Page 5
Application No. 08/377,365
relative to the layer (column 4, lines 23-26). Moreover, Bothe
discloses that antistatic agents such as the saturated aliphatic
tertiary amines described at column 4, lines 5-13 of the patent
may be employed in amounts of about .05 to 3%, by weight,
relative to the weight of the respective layer.
Appellants’ film may include corresponding additives as
indicated at page 20, line 18, through page 21, line 9, of the
specification. As generally acknowledged by appellants (brief,
page 4), those types of additives including aliphatic amides and
tertiary amines are well known to migrate within the multi-layer
film to the surface thereof. In this regard, appealed claim 1
requires that the base and top layer(s) of appellants’ film are
“essentially free of migrating lubricant additives and migrating
antistatic additives” albeit at least one such additive is
required to be present in the film in an effective amount.
We construe the “essentially free...” clause of appellants’
claims as not requiring that the inner or outer layer of the
final multi-layer film to which it applies be free of such
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