Ex Parte MURPHY - Page 4




          Appeal No. 2003-0413                                                        
          Application 09/148,262                                                      


          specification indicates that by “formulated to eliminate or                 
          reduce the need to include a release agent”, the appellant means            
          that a release agent is not needed to obtain the recited enhanced           
          surface, but the plastic can include part or all of the                     
          conventional amount of release agent.                                       
               Claims 26 and 27 require “reduced levels of release agent”.            
          The appellant’s specification indicates that the amount of                  
          release agent is reduced compared to the amount conventionally              
          used to reduce sticking (page 1, lines 21-22).  The specification           
          does not indicate that “reduced amount” requires any particular             
          degree of reduction.                                                        
                               Rejection over Niederst                                
               Niederst discloses a blow molded plastic article having                
          thereon a protective layer of polyurethane to reduce stress                 
          cracking on the external surface of the article (col. 1,                    
          line 47 - col. 2, line 2; col. 2, lines 57-60).                             
               The examiner’s explanation of the rejection over Niederst is           
          the following (answer, pages 3-4):                                          
                    Niederst et al. teaches blow molded rigid                         
               containers for containing carbonated beverages formed                  
               from first injection-molding intermediate tubular-                     
               shaped articles (preforms) comprising layers of                        
               polypropylene, polyester, and/or polyurethane (See                     
               Abstract, col. 1, lines 11-17; col. 2, line 38 to                      
               col. 3, line 48).                                                      

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