Appeal No. 2004-2292
Application No. 09/747,537
We do not find Appellants’ arguments persuasive. As stated above,
Blemberg discloses that the layers of a multilayer film exhibit improved
adhesion to one another when the adjacent layers comprise blends of the
layer polymers. Blemberg discloses that this improved adhesion would
occur in adjacent layers comprising polyolefins. Specifically, Blemberg
discloses “if a first layer comprises film forming polymer or copolymer X and
a second layer comprises film forming polymer or copolymer Y, these layers
can have improved adhesion to each other when formed into a multilayer
film by coextrusion if the first layer comprises 70 to 90% by weight of X and
30 to 10% by weight of Y (rather than 100% of X) and the second layer
comprises 70 to 90% by weight Y and 30 to 10% by weight of X (rather than
100% of Y).” (Col. 2, ll12-21). The Blemberg reference is not limited to
adjacent coextruted layers that are produced from different categories of
polymeric materials. (Col. 2, ll 35-37).
Appellants’ declaration evidence is not persuasive that improved
adhesion would not occur in adjacent layers as disclosed in Blemberg. The
declaration does not indicate testing, such as described in the reference,
was performed in formulating the opinions expressed therein.3
3 We have not been directed to evidence that testing was performed
showing that at least some enhanced adhesion was not obtained.
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