Appeal No. 2002-0229 4
Application No. 08/619,976
ground, of presenting a prima facie case of unpatentability." See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
The claimed subject matter before us requires that, “said surface of said article has a
label marked with a laser over less than an entire surface of said composition.” See claim
12. In contrast the composition of Nishii, although drawn to a laminated composition
which overlaps the three component compositions of the claimed subject matter, utilizes
laser light to modify the surface of an article in a different manner and to perform a
separate and distinct function. See column 1, lines 20-25. The laminate of Nishii is
prepared by irradiating a laser light on the surface of a fluorine resin containing a light
absorbing material and a heat resistant light absorbing polymeric material. See column 1,
lines 11-16. Significantly, the function of the laser treatment is to improve among other
characteristics, adhesion and wetting properties. See column 1, lines 17-20. The fluorine
resins disclosed include and exemplify PTFE almost exclusively. See column 2, line 53 to
column 3, line 3, and Examples 1-14 and 16-26. The heat resistant light absorbent
polymeric material include among a limited number of polymers, poly (ether ether
ketone), (PEEK), polyether ketone, polyphenylene sulfide, polysulfone and
polyethersulfone falling within the scope of the claimed subject matter. See column 3,
lines 4-17. The heat resistant light absorbing polymer may be present in an amount of
from about 1 to about 20% by weight based upon the total weight of the fluorine resin.
See claim 10. We find that the utilization of PEEK in amount falling within the scope of
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