Appeal No. 1998-1382
Application No. 08/330,717
Sumitomo does teach a packing film consisting of a layer
(A) of polystyrene resin, polyethylene phthalate resin, or
vinyl chloride resin, an adhesive layer (B) of ethylene-vinyl
acetate copolymer, denatured polyolefin, styrene-butadiene
copolymer, or a mixture of these polymers, and a polyolefin
resin layer (C). (Page 2.) Further, Sumitomo teaches that
the polyolefin resin layer (C) may be made of a mixture of two
or more of polyethylene, polypropylene, ethylene-propylene
copolymer, and ionomer. (Page 6.) According to Sumitomo, the
film may be used for packaging drugs. (Pages 2-3.) Like Erb,
however, Sumitomo does not teach that the film can be used as
part of a cell culture container. Although Sumitomo states
that the film has “excellent gas permeability” (page 3), the
reference does not provide any indication as to any specific
oxygen and carbon dioxide permeability properties for the film
such that one of ordinary skill in the art would have
considered using it for Keilman’s purpose, i.e., to sustain
cell growth without the use of a mechanical vent. (Reply
brief, page 4.) Thus, there is no evidence in the record to
indicate that Sumitomo’s film would be suitable for Keilman’s
purpose.
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