Appeal No. 2001-0168
Application No. 09/170,790
layers.2 Appeal Brief, page 10. In particular, appellants'
first layer is such that the ethylene vinyl alcohol copolymer is
present at the layer surface. Id. In contrast, Moureaux teaches
that the ethylene-vinyl alcohol copolymer, as part of the graft
polymer, is embedded as eyelets in the polyurethane. See id.
(referencing Figure 1 of Moureaux). Appellants argue that the
embedded copolymer is not in contact with adjacent membrane
layers and, therefore, hydrogen bonding cannot occur at the
interface of the layers. See id.
In deciding patentability issues under 35 U.S.C. § 103
"[a]nalysis begins with the key legal question -- what is the
invention claimed?" Panduit Corp. v. Dennison Mfg. Co., 810 F.2d
1561, 1567-68, 1 USPQ2d 1593, 1597 (Fed. Cir.), cert. denied,
481 U.S. 1052 (1987). In determining the patentability of
claims, the Patent Office gives claim language its "broadest
reasonable interpretation" consistent with the specification and
claims. In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027
(Fed. Cir. 1997).
2 The examiner acknowledges that "[t]he claimed gas
transmission rate is not disclosed" in Moureaux, but found that
the membrane "would inherently display a gas transmission rate
within the claimed maximum period." Examiner's Answer, page 3.
Appellants have not traversed the examiner's finding.
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