Appeal No. 2004-2292
Application No. 09/747,537
the art would have recognized that hydrocarbon resins are well known
processing aids for polypropylene based films which improve the physical
properties of the films. Thus, it would have been obvious to a person of
ordinary skill in the art to incorporate a hydrocarbon processing aid in the
tie layer of Blemberg in order to obtain improved mechanical properties.
The prior art must be considered together with the knowledge of persons of
ordinary skill in the pertinent art. The prior art need not explain every detail
since it is speaking to those skilled in the art. In re Paulsen, 30 F.3d 1475,
1480, 31 USPQ2d 1671, 1675 (Fed. Cir. 1994) (quoting DeGeorge v. Bernier,
768 F.2d 1318, 1323, 226 USPQ 758, 762 (Fed. Cir. 1985)).
The Examiner rejected claim 12 under 35 U.S.C. 103(a) over the
combined teachings of Schloegl, Blemberg and Arita. We affirm.
Claim 12 further defines the subject matter of claim 1 by specifying
that the skin layer comprises low density polyethylene (LDPE). The Examiner
relies on the Arita reference for describing a heat shrinkable film comprising
an oriented polypropylene core and two outer heat shrinkable sealant
layers. According to the Examiner, Arita teaches that the sealant layer
may comprise LLDPE or LDPE. (Answer, p. 6). Thus, the Examiner
determined that it would have been obvious to formulate a skin layer
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