Appeal No. 97-0816
Application 08/204,715
DECISION ON APPEAL
This appeal is from the final rejection of claims 1, 2 and
8, all of the claims pending in the application.
The invention relates to a “light excluding multilayer
plastic container for use with light sensitive low acid liquid
nutritional products” (specification, page 1). Claim 1 is
illustrative and reads as follows:
1. A plastic container for a light sensitive nutritional
product, comprising a multilayer plastic container, said
container comprising a wall having six layers which comprise from
the exterior of the container to the interior of the container:
(a) a layer of food grade polypropylene; (b) a layer of high
temperature adhesive; (c) a layer comprising an oxygen barrier of
ethyl-vinyl-alcohol; (d) a layer of a high temperature adhesive;
(e) a layer of regrind material; and (f) a layer of food-grade
polypropylene; and wherein said polypropylene and regrind layers
contain at least about 5% by weight and about 1% by weight
respectively but not more than about 8% by weight of titanium
dioxide, said titanium dioxide serving to reduce the extent of
light transmission through said wall by at least about 99.5%.
The references relied upon by the examiner as evidence of
obviousness are:
Kirshenbaum et al. (Kirshenbaum) 4,051,265 Sept. 27, 1977
Baird et al. (Baird) 4,846,359 July 11, 1989
Yum et al. (Yum) 5,104,390 Apr. 14, 1992
Arvidson et al. (Arvidson) 5,123,554 June 23, 1992
Claims 1, 2 and 8 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Arvidson in view of Baird, Yum and
Kirshenbaum.
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