Appeal 2007-2137
Application 10/472,911
We REVERSE and REMAND.
I. BACKGROUND
The invention relates to a composite polymeric sheet having a
printable surface (Specification 1:5-6; claim 1). It also relates to a blow-
molded article having a label made from the composite polymeric sheet
(Claim 18). Claim 1 is illustrative of the subject matter on appeal:
1. A composite polymeric sheet printable on at least one
surface, the sheet comprising a base layer and a printable layer
forming the printable surface, wherein the base layer has a
density less than or equal to about 0.65 g/cm3.
The Examiner rejects claims 1-16 and 18-21 under 35 U.S.C. § 102(b)
as being anticipated by Leese (EP 0 470 760 A2), as evidenced by King et
al. (GB 1 470 372) (King).
II. DISCUSSION
A. ANTICIPATION
The issue on appeal arising from the contentions of Appellants and the
Examiner is: Does Leese, as evidenced by King, describe an article having
each and every structural element of the claims including a base layer of
density less than or equal to about 0.65 g/cm3 (Claims 1 and 18) or less than
or equal to about 0.7 g/cm3 (Claims 19 and 20)? We answer this question in
the negative.
A preponderance of the evidence of record supports the following
Findings of Facts (FF):
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