Ex Parte KLING et al - Page 4




          Appeal No. 2003-0606                                                        
          Application No. 09/281,837                                                  


          Schirmer does not, as recognized by the examiner, disclose that             
          the aqueous solution which coats the inner surface of the tube              
          comprises a water-soluble polysaccharide ether.  However, there             
          is no dispute that Salzinger discloses contacting the surface of            
          a film with an aqueous solution of a water-soluble polysaccharide           
          ether for the purpose of imparting anti-fogging and anti-static             
          properties to the film.  Consequently, since Schirmer teaches               
          utilizing the films for packaging applications, such as meat, we            
          are persuaded by the examiner's reasoning that one of ordinary              
          skill in the art would have found it obvious to treat the                   
          packaging film of Schirmer with the water-soluble polysaccharide            
          ether of Salzinger "in order to provide a functional coating                
          which exhibits anti-fogging and anti-static properties" (page 5             
          of Answer, line 2).  As pointed out by the examiner, Schirmer               
          expressly teaches that the heated fluid which contacts the inner            
          surface of the extruded tube can be a functional coating (see               
          column 4, lines 8-11).                                                      
               Appellants cite Savage as evidence that it was known in the            
          art that water-soluble cellulose ethers gel at temperatures of              
          45-50°C and, therefore, "a person skilled in the art would not              
          use them in Schirmer's process where the heated water was                   
          maintained at temperatures between 183°F (83.8°) and 204°F                  

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