Appeal No. 95-1112
Application 07/969,121
first layer of polymer stretch film such as linear low density polyethylene (LLDPE) and a second layer which
can also be LLDPE, the laminate having a plurality of perforations for the
passage of fluids therethrough. Claim 1 requires that a substantial portion of the first layer contacts a
substantial portion of the second layer. Claims 1 and 14 require that the first layer be bonded to the second
layer by clinging forces while claim 19 defines the layers being extruded. Claim 19 further requires that the
laminated film be capable of being stretched at least 80% beyond its original length and that the laminated
film have a plurality of welds associated with the perforations.
Both Parry and Briggs disclose a stretch wrapping film laminate comprising two contiguous
layers of LLDPE (Parry: col. 1, lines 56-64 and Example II; Briggs:col. 4, line 42 to col. 5, line 13). Parry
discloses laminating the layers by clinging forces (Parry: col. 1, lines 62-63) while Briggs discloses extruding
the layers (Briggs: abstract). Claims 1, 14, 19 and 20 further require that the laminate includes a plurality
of perforations to allow the transfer of gaseous and liquid fluids through the laminate film. Appellant admits
on page 2, lines 12-16 of his specification that it is known in the art to perforate a single layer of stretch film.
However, the problem according to appellant is that when the film is stretched, the perforations will cause
the film to tear. In order to overcome this problem, appellant perforates the laminate “by using a hot pin
which is brought close enough to <kiss’ or melt the material without necessarily breaking through, and a
weld is formed between the layers of the laminate product as the melted portion hardens” (specification:
p. 3, lines 17-21).
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Last modified: November 3, 2007