Appeal No. 1998-2732
Application No. 08/244,163
polypropylene in combination with any of the
components selected from the group of components
consisting of butyl rubber, polyamide and polyester,
said first layer and said second layer being
coextruded with each other.
The examiner relies on the following prior art references
as evidence of unpatentability:
Preto et al. 3,873,667 Mar. 25, 1975
(Preto)
Russell 4,196,464 Apr. 1, 1980
In addition, the examiner relies on the appellants’
admissions regarding the prior art at page 2, lines 14 through
20, and page 3, lines 27 through 29, of the present
specification.
Claims 1 through 3, 5, 7, 9 through 13, and 15 on appeal
stand rejected under 35 U.S.C. § 103(a) as unpatentable over
Russell in view of Preto and the appellants’ admissions
regarding the prior art.2 (Examiner’s answer, pages 4-5.)
We reverse the aforementioned rejection for reasons which
follow.
2 As we indicated above, the examiner has allowed claim 8.
Accordingly, the rejection under 35 U.S.C. § 103(a) of claim 8
as unpatentable over Russell in view of Preto and the
appellants’ admissions regarding the prior art, and further in
view of U.S. Patent 4,264,490 to Berejka issued on Apr. 28, 1981
and U.S. Patent 5,271,977 to Yoshikawa et al. issued on Dec. 21,
1993, as set out in the final Office action, has been withdrawn.
3
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