Appeal 2007-1942
Application 10/368,975
polyethylene layers that are “symmetrically disposed about” the central
aramid layer?
IV. Legal Principles
Claim Construction
We give the claims their broadest reasonable interpretation that is
consistent with the specification. Phillips v. AWH Corp., 415 F.3d 1303,
1316 75 USPQ2d 1321 (Fed. Cir. 2005). When a claim uses the transitional
phrase "comprising", there is a presumption that additional, unrecited
elements are not excluded from the claim. Crystal Semiconductor Corp. v.
TriTech Microelectronics Int'l, Inc., 246 F.3d 1336, 1347, 57 USPQ2d 1953,
1958-59 (Fed. Cir. 2001).
35 U.S.C. § 102
“A person shall be entitled to a patent unless …..the invention was
patented or described in a printed publication in this or a foreign country or
in public use or on sale in this country, more than one year prior to the date
of the application for patent in the United States” 35 U.S.C § 102(b).
To anticipate a claim, a prior art reference must disclose every
limitation of the claimed invention, either expressly or inherently.
Verdegaal Bros. Inc., v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051,
1053 (Fed. Cir. 1987).
35 U.S.C. § 103(a)
“A patent may not be obtained though the invention is not identically
disclosed or described as set forth in section 102 of this title, if the
differences between the subject matter sought to be patented and the prior art
are such that the subject matter as a whole would have been obvious at the
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