Ex Parte SHAH - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 22                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                                   Ex parte GAUTAM P. SHAH                                                            
                                                         ______________                                                               
                                                      Appeal No. 1999-26611                                                           
                                                      Application 08/430,632                                                          
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, OWENS and JEFFREY T. SMITH, Administrative Patent Judges.                                               
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 11 through 13 and 20.  Claim 11 is illustrative of the claims on appeal:                              
               11.     A thermoplastic multi-layer film comprising:                                                                   
                       a)      a core layer comprising an oxygen barrier material;                                                    
                       b)      two intermediate layers, on opposite surfaces of the core layer,                                       
                               comprising a polymeric adhesive;                                                                       
                       c)      two outer layers comprising a blend of propylene polymer or copolymer,                                 
                               and a hydrocarbon resin, wherein the hydrocarbon resin comprises a                                     
                               thermoplastic resin of low molecular weight made from relatively impure                                
                               monomers that are derived from coal-tar fractions or petroleum distillates; and                        
                                                                                                                                     
               1  This appeal is related to Appeal 1999-0981 in application 08/787,895, which we decide                               
               concurrently herewith.                                                                                                 

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