Appeal No. 1997-3099
Application 08/191,886
the Newsome et al. reference does not specifically limit the
thickness of the core layer to a particular range. Newsome et
al., however, recognizes that conventional oriented films are
preferably about 1.5 to 2.25 mils thick. Additionally, Newsome
et al. teach that when the overall thickness of the film is 2.25,
the core layer is .15 to .30 mil. Accordingly, following the
teachings set forth in Newsome et al., when the overall
thickness of the film is 1.5 mil, the core layer may be less than
.10 mil. Therefore, it is the Examiner’s position that the
claimed range is embraced by the Newsome et al. reference
since the range disclosed in the claims overlaps that disclosed
in the reference.
Therefore, the examiner, alternatively, urges (id.):
[I]t would have been obvious and well within the purview of one
of ordinary skill in the art to reduce the thickness of the core to
provide a thinner, more flexible, and more economical film
since Newsome et al. teaches that said properties are
associated with thinner films.
Moreover, regardless of the obviousness of adjusting
the thickness of the core layer, the use of the term “about”, to
recite the thickness of the core layer, permits some latitude in
interpretation. . . . the recitation of a core layer with a thickness
of .15 mil. as disclosed in Newsome et al. is embraced by the
claimed core layer thickness of about .10 mil, absent a
commensurate showing of criticality.
What is missing from this analysis and the conclusion based thereon is any
substantive evidence which would have led one of ordinary skill in this art, at the time of the
invention, from the multi-layered film described by Newsome to the multi-layered film
having a core layer of
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