Appeal No. 2001-0168
Application No. 09/170,790
(302 /F - 482 /F). Id., column 7, lines 10-13. The membrane is
then formed by incorporating the film between the layers of
thermoplastic polyurethane in a bi-material injection press.
Moureaux, column 7, lines 13-16.
Moureaux is silent as to how bonding is effected between the
layers in the aforementioned embodiment. However, since Moureaux
utilizes the same starting materials and temperatures as
appellants (300 /F to about 450 /F, Specification, page 39,
lines 17-19) (see Final Rejection, Paper No. 8, mailed December
6, 1999, page 4), it would be expected that Moureaux's process
would produce a structure which falls within the limitations of
claim 1. Thus, we agree with the examiner's conclusion that the
gas-barrier membrane of Moureaux inherently exhibits hydrogen
bonding between the layers. See Examiner's Answer, page 3.
See Lamberti, 545 F.2d 747 at 750, 192 USPQ at 280 ("[T]he
question under 35 U.S.C. § 103 is not merely what the references
expressly teach, but what they would have suggested to one of
ordinary skill in the art at the time the invention was made.")
Appellants separately argue the patentability of dependent
claims 2-4, 10, 14-16, 22, 24-26, 31, 33-35 and 41 which define
barrier membranes having 50 weight percent or less thermoplastic
88
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