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. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007