Appeal 2006-2824
Application 10/441,513
require the same polymeric material for each layer (Br. 8-9). Appellants
further argue that Grossmann is completely silent regarding the performance
advantages that are achieved with the claimed subject matter (Br. 9).
Finally, Appellants argue that claim 24 also requires the inner layer and
outer layer be the same polymeric material (Br. 9).
Appellants’ arguments are not persuasive. As correctly found by the
Examiner (Answer 8), Grossmann clearly teaches that the inner and outer
layers of the belt may be made from the “same” or “identical” polymeric
material. See Grossmann, p. 2, last full paragraph, where “the abrasion-
resistant layer [the outer layer] is made of the same or similar matrix
material as the inner layer and is reinforced by embedded abrasion-resistant
particles.” See also p. 4, ll. 7-8, where Grossmann teaches “an advantageous
refinement of this method, the second matrix material and the first matrix
material are identical.” As also correctly stated by the Examiner (Answer
8), the language of the claims subject to this rejection does not preclude the
additional particles embedded in the outer layer polymeric material.3
Furthermore, Grossmann teaches that, before the hardening of the first layer,
a second layer is poured on the first layer to form a long-term bond (p. 4,
first full paragraph; see also p. 5, last three lines). Therefore, since this time
between layer applications is sufficient to form a good bond, and since
“substantial sagging” in claim 14 has not been defined or quantified in the
3 See Genentech Inc. v. Chiron Corp., 112 F.3d 495, 501, 42 USPQ2d 1608, 1613 (Fed.
Cir. 1997) (“’Comprising’ is a term of art used in claim language which means that the
named elements are essential, but other elements may be added and still form a construct
within the scope of the claims.”). We also note that the Examiner refers to Appellants’
admitted prior art (Answer 9), where Appellants admit that the prior art teaches multi-
layer press belts where each layer consists of the same material and the belt is formed
using rotational casting processes.
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