Ex Parte Migliorini et al - Page 8




                 Appeal No. 2004-2292                                                                               
                 Application No. 09/747,537                                                                         

                 Appellants argue “Schloegl reveals no adhesion problems between layers                             
                 nor would one expect adhesion problems in his films because of the                                 
                 chemical similarities of the adjacent layer materials.  This fact is                               
                 convincingly supported in the record by the Declaration of the inventor,                           
                 Robert Migliorini, filed January 20, 2004, pointing out that adhesion                              
                 problems do not exist between adjacent polyolefin film layers.”   (Brief, p.                       
                 5).  Appellants reiterate this argument on pages 1 and 2 of the Reply Brief.                       
                        Migliorini in the declaration states that Blemberg is directed to                           
                 “biaxially oriented polymeric film structures with adjacent coextruted layers                      
                 that are produced from different categories of polymeric materials”.                               
                 (Paragraph 5).  The declarant further states that based on his experience                          
                 “adjacent layers of biaxially oriented coextruded polymeric films produced                         
                 from the same category of polymeric materials, such as polyolefin-based                            
                 materials, do not exhibit low adhesion and the accompanying problems                               
                 associated with adjacent layers of categorically different materials.”                             
                 (Paragraph 6).                                                                                     
                        Appellants’ arguments and supporting declaration appear to argue                            
                 that the applied prior art does not provide the details as to how to carry                         
                 out improving the adhesion of adjacent layers of a multilayer film.                                

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