Ex Parte Abell et al - Page 3


            Appeal No. 2006-2539                                                          Page 3              
            Application No. 10/421,661                                                                        

                                                 Discussion                                                   
            1.  Claims                                                                                        
                   Claims 1-8 are on appeal.  Claim 17 has been indicated to be allowable.                    
                   Claim 1 is representative and reads as follows:                                            
                   1. A method of forming a multilayer polymer structure comprising:                          
                         applying an intermediate layer (B) of a polymer composition comprising a             
                         thermoplastic polyurethane in a molten or plastic state to a dimensionally           
                         stable structural layer (A) formed of a rigid polymer composition                    
                         comprising one or more polymers selected from the group consisting of                
                         vinyl halide polymers, polycarbonates, acrylonitrile-butadiene-styrene               
                         polymers, acrylic-styrene-acrylonitrile polymers, polyesters and blends of           
                         the foregoing; and                                                                   
                         applying a topcoat layer (C) of a polymer composition comprising a                   
                         thermoplastic elastomer to layer (B) while layer (B) is still in the molten or       
                         plastic state.                                                                       
                   Claim 1 is directed to a method of making a multilayer polymer structure.  The             
            first step comprises applying a “thermoplastic polyurethane in a molten or plastic state”         
            to a structural layer formed of a “rigid polymer composition.”                                    
                   The specification states that “[t]hroughout the instant specification and in the           
            appended claims, the term ‘rigid polymer’ refers to any polymer that exhibits a Shore ‘D’         
            hardness of 40 or higher according to ASTM Standard D2240 and/or exhibits a flex                  
            modulus above 15,000 psi according to ASTM Standard D790.”  Page 5.  We interpret                 
            claim 1 to require applying a molten or plastic polyurethane composition to a structural          
            layer comprising a “rigid polymer” as that term is defined in the specification.                  
                   In the second step of the claimed method, a composition comprising a                       
            thermoplastic elastomer is applied to the polyurethane layer while the polyurethane is            
            still in a molten or plastic state.                                                               





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