Appeal 2007-1906
Application 11/127,887
26 does not preclude the presence of other skin layers that are located
outside of the recited first and second skin layers in light of the open
transitional term “comprising” that is employed therein. See In re Self,
671 F.2d 1344, 1350-1351, 213 USPQ 1, 7 (CCPA 1982).
Accordingly, Appellant has not established reversible error in the
Examiner’s anticipation rejection of representative claim 26 and the rejected
claims that are grouped therewith.
It follows that we will sustain the Examiner’s anticipation rejection.
OTHER ISSUE
Prior to final disposition of this application, the Examiner should take
appropriate action with respect to the Information Disclosure Statement filed
June 06, 2007.
CONCLUSION
The Examiner’s decision to reject claims 1-4, 6-8, 10, 15-18, 20-22,
and 24-32 under 35 U.S.C. § 102(e) as being anticipated by Freedman is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).
AFFIRMED
tf/ls
11
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