Appeal No. 2004-0303
Application 09/439,457
the Fingar process is that in Fingar, the first or PTFE layer is formed by “annealing,” that is, by
“any process capable of producing a directly or indirectly measurable reduction in crystallinity of
[the] PTFE layer 12, relative to untreated PTFE” (col. 1, lines 59-60; col.; 3, lines 29-48), and
not by injection molding.4
The examiner finds that Dettmann teaches “the well-known idea of injection molding a
resistant layer of PTFE (col 3, ln 55 – col 4, ln 6)” and contends that Fingar and Dettmann are
combinable “with respect to molding composites,” with the combined teachings establishing that,
prima facie, one of ordinary skill in this art would have known, as disclosed in Dettmann, that
PTFE can be injection molded and thus would have injection molded the PTFE layer of Fingar
(answer, pages 4-5).
We find that the passage of Dettmann relied on by the examiner involves the formation of
the “seal carrier” to join two seals (col. 3, lines 43-52), each seal having been formed by sintering
and then sintered together (col. 1, line 66, to col. 3, line 7), and includes the here pertinent
disclosure to produce
the seal carrier in an injection molding step in which the seal is enveloped by the
carrier material. . . . When valves are used for handling aggressive substances, it would
be advantageous to make the seal carrier element out of a resistant material, i.e., PTFE.
However, the injection molding of PTFE is difficult and can be performed only under
special and expensive conditions. Therefore, preferably, the seal carrier is made from
an easily moldable PTFE variant . . . . [Col. 3, lines 54-64.]
On this basis, we agree with appellants (supplemental brief, pages 3-4; reply brief, pages
2-3) that Dettmann would have disclosed to one of ordinary skill in this art5 that the seal layers
are formed from PTFE by sintering, not by injection molding, and with respect to this latter
processing method, that it is difficult to injection mold PTFE to the extent that it is preferable to
4 A discussion of Schoenmeyr is necessary to our decision only to note that we find that this
reference discloses that the two diaphragm layers are formed by injection molding different
polymer materials which contain the same base material and have the same melt temperature,
neither layer being chemically resistant (see abstract; col. 1, line 62, to col. 2, line 20; and col. 3,
lines 3-21). See In re Kronig, 539 F.2d 1300, 1302-04, 190 USPQ 425, 426-28 (CCPA 1976).
5 It is well settled that a reference stands for all of the specific teachings thereof as well as the
inferences one of ordinary skill in this art would have reasonably been expected to draw
therefrom, see In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir.
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