Appeal No. 2005-2102
Application No. 10/077,346
B. The Rejection under § 102(b)
The examiner finds that Kamiya discloses an article for a
vehicle comprising in combination a first base layer,2 a patterned
second layer 9 secured indirectly to the first base layer, and a
clear third layer 10 secured to the patterned layer for permitting
the patterned layer to be viewed (Answer, page 4). In view of the
examiner’s claim construction for the term “bed liner” (Answer,
pages 4 and 6) and “secured to” (Answer, pages 6-7), the examiner
finds that Kamiya describes every limitation recited in claim 21 on
appeal.
Appellant argues that Kamiya discloses a multilayer medallion
that has nothing to do with the subject matter of this application
(Brief, page 7). Appellant also argues that Kamiya does not have
the three claimed layers arranged in the same manner as specified
in claim 21 (Brief, page 7), specifically arguing that Kamiya
discloses nine layers with a clear coating 10 on both a color
coating 9 and the resin film layer 2, while claim 21 specifies the
clear coating is on the patterned layer (Brief, pages 8-9).
2The examiner denominates the first base layer of Kamiya as “5A” but
apparently should have listed “4" as the base layer, since layer 5A is a lower
adhesive layer (col. 4, ll. 12-13) while layer 4 is a resin sheet that is part
of the base layer (col. 4, ll. 8-11). Regardless, the “base layer” is
described as containing layers 8, 5A and 4, while the layers 10, 9, 2, 3, 6
and 5 form the “upper decorative layer” (col. 3, ll. 53-55; col. 4, ll. 8-11).
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