Appeal No. 2003-0423
Application No. 09/377,015
Kinuta’s safety device 1 is described (col. 3, lines 16-24) and
shown (figure 2D) as having two layers, but is shown in figure 4A
with cross hatching which extends from one surface to the
opposite surface (answer, pages 3-4). Thus, the examiner argues,
Kinuta indicates that cross hatching extending from one surface
to the opposite surface of a layer may be used to illustrate
multiple layers (answer, page 4).
Kinuta’s figure 4A, which shows cross hatching extending
from one surface to the opposite surface of the explosion
prevention safety device, is an overall view of the explosion
prevention safety device and the battery casing (col. 3, lines 3-
5). When the explosion prevention safety device itself is shown
in an enlarged view in figure 2D, what is shown by surface-to-
surface cross hatching in figure 4A appears as two layers (11
and 13). Kinuta, therefore, indicates that if the appellant’s
highly rigid panel has more than one layer, the multiple layers
should be visible in a greatly enlarged cross-sectional view of
the highly rigid panel.
The appellant’s figure 4, however, which provides such a
greatly enlarged cross-sectional view (specification, page 4,
line 11), shows, by surface-to-surface cross hatching, that the
highly rigid panel is a single layer. Moreover, the appellant’s
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