Appeal No. 2006-3223 Page 6
Application No. 10/663,352
alia, “an instance of mixing” or “a product of mixing.” The definition also states that it
can be a “portion of matter consisting of two or more components . . . that retain their
own properties.” It describes “a fabric woven of variously colored threads” as an
example. The Examiner concludes that this means a mixture can include separate
components in separate locations, a description that would cover a layered structure.
Answer, page 6. We do not agree. Even a homogenous aqueous salt solution of NaCl
(which is mixture of NaCl and water) can be described as having “separate components
in separate physical locations” because the water molecules and the salt ions each
would occupy different spatial positions in the aqueous solution. Consequently, we do
not find this argument to be persuasive.
Iijima was introduced by the Examiner to support the position that a layer can be
comprised of sublayers. Answer, pages 5 and 7. We have considered this evidence,
but do not find it persuasive. As indicated by the Examiner, Iijima refers to “sublayers”
within a single layer. Id. However, Iijima also refers to a “mixture” of silver halide
emulsions which are incorporated into a single sub-layer. “[A] mixture of two or more
monodispersed silver halide grains may be incorporated in at least one of the blue-,
green- and red-sensitive silver halide emulsion layers.” Iijima, column 8, lines 21-25.
Iijima uses the term “mixture” to mean a blend or commingling of components, the same
meaning we have interpreted it to have in instant claim 45. Like the instant
specification, when Iijima means to refer to a “layer,” he expressly uses that the term.
Thus, we do not find Iijima to support the Examiner’s construction.
In sum, we conclude that the broadest reasonable construction of claim 45 in
view of the specification and the knowledge of the person of ordinary skill in that art is
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