Appeal No. 1998-1382
Application No. 08/330,717
Notwithstanding the examiner’s arguments, we cannot agree
with the examiner that Erb, Sumitomo, and Bacehowski, either
individually or in combination, would have led one of ordinary
skill in the art to modify Keilman in the manner as suggested
on page 5 of the answer. Specifically, Erb teaches composite
films of coextruded polystyrene and polyolefins, which are
said to exhibit a favorable balance of the stiffness of
polystyrene and other tensile properties of polyolefins.
(Column 1, lines 12-14.) Erb further teaches that the films
“find their greatest utility” as wrapping and packaging
materials, that thinner films are used in flexible packaging
such as plastic bags, and that thicker films are used in
thermoforming applications to form rigid packages such as
butter tubs, ice cream cartons, and freezer packs. (Column 2,
lines 63-72.) No mention is made in Erb of using the film as
part of a cell culture container as in Keilman. Nor does Erb
teach or suggest that the film possesses the sufficient oxygen
and carbon dioxide permeabilities required for use in
Keilman’s cell culture container to sustain the growth of
cells without the use of a mechanical vent.
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