Appeal No. 2006-0501
Application No. 10/131,019
118 can be formed of TPOs (thermoplastic polyolefins) which,
according to the appellants in claim 12, are thermoplastic
elastomers. See column 17, lines 22-28 and column 16, lines 64-
68. Thus, substantial evidence supports the examiner’s finding
that the injecting-cladding operation taught by Spain corresponds
to the claimed placement of the preform in a mold cavity and the
claimed injection of the thermoplastic elastomer for the purpose
of fusing the thermoplastic elastomer structure to the bottom
surface of the preform.
Given that the term “comprising” recited in claims 11 and 18
does not preclude the laminating step taught by Spain3, we concur
with the examiner that Spain teaches each and every aspect of the
claimed subject matter within the meaning of 35 U.S.C. § 102(a).
The appellants only argue that Spain does not teach “(1)
providing a film sheet having top and bottom surfaces; (2) vacuum
molding the film sheet in a mold cavity to obtain a pre-form; and
(3) injecting a thermoplastic elastomer into the mold cavity of
the injection mold to generate a structural carrier for the pre-
form.” See the Brief, pages 4-5. We are not persuaded by this
3 See In re Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA 1981)(“As long
as one of the monomers in the reaction is propylene, any other monomer may be present,
because the term ‘comprises’ permits the inclusion of other steps, elements, or materials.”).
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