Appeal No. 2002-0510 Page 18
Application No. 09/139,309
appellants argue, "[n]one of these references teach the use of different layers having
different particle loadings. . . ." (Appeal Br. at 17.)
Claim 11 specifies in pertinent part the following limitations: "a first layer . . .
comprising a binder having dispersed therein at least about 20% by volume of
conductive or semiconductive particles; a second layer . . . comprising a binder having
dispersed therein at least 40% by volume of conductive and/or semiconductive
particles; and a third layer . . . comprising a binder having dispersed therein at least
20% by volume of conductive or semiconductive particles." Giving the claim its
broadest, reasonable construction, the limitations merely require that a first and third
layer feature a percentage loading of at least about 20% by volume of conductive or
semiconductive particles and that a second layer features a percentage loading of at
least about 40% by volume of conductive or semiconductive particles. Despite the
appellant's argument, however, the limitations do not require that the layers feature
different particle loadings.
For its part, Hyatt discloses "a composition . . . of materials which can be
connected to, or incorporated as part of an electrical circuit or circuit component, and
are characterized by high electrical resistance values when exposed to low or
normal operating voltages, but essentially instantaneously switch to low
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