Appeal No. 2005-2102
Application No. 10/077,346
clear or transparent top layer “with a lower layer beneath the
clear layer” having a pattern. See the specification, ¶ 0007,
where a plurality of layers includes a top clear layer with a
patterned layer “below or underneath” the clear layer. See the
specification, ¶ 0016, where the bed liner has a transparent layer
“over” the patterned layer. Accordingly, it is clear from
appellant’s specification that there is no requirement that the
claimed layers directly contact each other.
In view of our claim construction above, we agree with the
examiner that the layers 5A (or 4), 9 and 10 disclosed by Kamiya
meet the limitations set forth in claim 21 for the three layers of
the bed liner, namely a first base layer, a colored (patterned)
layer, and a clear top layer so the patterned layer may be viewed.
Kamiya discloses that the product is a laminate (col. 1, l. 9) and,
before stamping into a decorative article, is a flat sheet capable
of lining the bed of a vehicle (col. 4, ll. 30-38). As explained
by the examiner (Answer, page 6), appellant’s arguments are limited
to three layers in direct contact with each other and thus are not
commensurate with the scope of the claims as construed above. We
note that the transitory term “comprising” opens the claim to the
inclusion of other layers. See Crystal Semiconductor Corp. v.
Tritech Microelectronics Int’l, Inc., 246 F.3d 1336, 1348 (Fed.
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