Ex parte MACAULEY et al. - Page 4




          Appeal No. 97-0816                                                          
          Application 08/204,715                                                      


          films may be transparent or translucent for exposing the contents           
          of the bag, or may be made opaque by the addition of TiO  (see              
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          column 5, lines 1 through 11).                                              
               Kirshenbaum discloses “a container for the storage, at or              
          near ambient conditions, of liquid foods subject to spoilage due            
          to the action of light waves, oxygen and other gaseous species”             
          (column 1, lines 9 through 12).  The container consists of a blow           
          moldable thermoplastic body 12 which is opaque to light having a            
          wavelength in the range of between about 3500 and 5500 Angstroms            
          and a surrounding overwrap film 14 which prevents the diffusion             
          of oxygen and other gaseous species through the container.  With            
          regard to the opaque characteristic of the body 12, Kirshenbaum             
          teaches that                                                                
               it is preferred to employ a pigment which serves this                  
               purpose . . . Of the additives that may be employed as                 
               a pigment to provide opaqueness, the most preferred is                 
               titanium dioxide.  Titanium dioxide not only makes an                  
               otherwise clear thermoplastic opaque, but, in addition,                
               it has the additional advantage of pigmenting the                      
               thermoplastic white.  In view of the fact that milk                    
               represents the most important liquid food application                  
               for the container 10 of this invention, a white                        
               container is deemed aesthetically the most attractive.                 
                    While it has been found that a pigment                            
               concentration of at least 0.5 percent by weight, based                 
               on the total weight of the frame, that is, the total                   
               weight of the thermoplastic and the pigment, is                        
               necessary it is preferred that a somewhat greater                      
               concentration of pigment be employed.  In the case                     
               where titanium dioxide is employed as a pigment it is                  
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