Ex Parte DiMarzio et al - Page 5

                Appeal 2007-0906                                                                                 
                Application 10/445,238                                                                           

                composite material onto the LCP layer; (3) curing the LCP and composite                          
                layers; and (4) removing the layers from the tool in a manner substantially                      
                corresponding to the claimed method (Answer 3; Clarke, col. 2, ll. 12-62,                        
                col. 3, l. 54 – col. 5, l. 24, Fig. 1).  While Clarke discloses that a variety of                
                available LCP materials can be used as a coating, including several                              
                VECTRA products available from Hoechst Celanese, Clarke does not                                 
                explicitly describe the coating as being a multi-axially oriented LCP having                     
                a softening temperature within the temperature range recited in                                  
                representative claim 11 and/or with a softening temperature as related to the                    
                curing temperature as specified in representative claim 4 (Clarke, col. 3, l.                    
                54 - col. 4, l. 13).                                                                             
                       Regarding the required LCP coating material as specified in                               
                representative claims 1 and 4, the Examiner additionally relies on Harvey to                     
                evidence that multi-axially oriented LCP coating materials are known to                          
                produce films having advantageous properties that are useful in making                           
                laminate film composites (Answer 4; Harvey, Abstract, col. 2, ll. 12-46, col.                    
                3, ll. 20-25, and col. 6, ll. 8-68).  As indicated by the Examiner (Answer 8                     
                and 9), Appellants acknowledge VectranTM is a known and available LCP                            
                that is bi-axially oriented and has a softening temperature of about 110 to                      
                120 degrees Centigrade (Specification 6).2  Furthermore, the Examiner has                        
                determined that VectranTM is similar to an LCP material disclosed by Clarke                      
                and Harvey (Answer 8 and 9).                                                                     
                                                                                                                
                1 The claim 1 term “about 177°C” defines a temperature range, albeit the                         
                boundaries thereof may not be precisely defined.                                                 
                2  It is axiomatic that admitted prior art, including prior art found in an                      
                applicant’s Specification, may be used in determining the patentability of a                     
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