Appeal 2007-3146
Application 10/002,952
disclosure to include an additional protective film 30, an additional
protective layer cannot be said to materially affect the basic and novel
characteristics of the claimed invention. De Lajarte, 337 F.2d at 874, 143
USPQ at 258.
Therefore, for the above reasons, we determine that an “additional
layer,” including an additional protective layer, does not affect the basic and
novel characteristics of the claimed invention and is not excluded by the
“consisting essentially of” transitional claim language.
Accordingly, we affirm the Examiner’s § 102(b) rejection of claim 14
over Tajima.
DECISION
For the above reasons, we AFFIRM the Examiner’s § 102(b) rejection
of claims 1, 5, 6, and 10-14 over Tajima.
The Examiner’s decision 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).
AFFIRMED
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