Appeal No. 2003-0385
Application No. 09/348,344
reinforcing layer C of the present invention" (paragraph three).
Manifestly, this is not the examiner's position. The examiner
has clearly explained in the Answer that the polyethylene layer
of Ishiwata's EXAMPLE 10 corresponds to the claimed reinforcing
layer C.
It should be evident from our discussion that we find no
merit in appellants' contention that "Ishiwata et al. disclose a
two layered structure and do not teach or suggest a third
reinforcing layer as recited in claim 1" (page 3 of Reply Brief,
second paragraph). The article of Ishiwata's EXAMPLE 10
comprises four layers, not two, as argued by appellants.
Specifically, Ishiwata exemplifies an adhesive layer, two EVA
layers and a polyethylene layer between the EVA layers.
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
-5-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007