Appeal No. 2001-2229
Application No. 09/346,226
indicates that this characteristic is aesthetically
advantageous in that it “provides a uniform and consistent
shrink profile which will not distort any printed indicia or
decorative patterns on the plastic film 12 upon the
application of heat” (page 9). As correctly pointed out by
the appellants (see page 7 in the brief), the reference relied
on by the examiner as teaching a heat shrinkable film having a
balanced shrink ratio, Ashmore, does not actually do so.
Although the biaxial orientation of Ashmore’s sheet will
result in shrinkage in both the x and y orientations (see
Ashmore at column 1, lines 32 through 36), the reference does
not factually support the examiner’s findings that it
discloses “an even shrinking across two dimensions” (answer,
page 4), and that “biaxially oriented film would inherently
shrink evenly in x and y directions” (answer, page 6).
More damaging to the examiner’s case, however, is Dixon’s
readily apparent intention that the gift bags disclosed
therein have non-uniform heat shrinkage characteristics (see
denied, 469 U.S. 1037 (1984).
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