Ex Parte Bradley - Page 2



          Appeal No. 2005-0486                                                        
          Application No. 09/887,836                                                  

          adhesive layer between said outer layer and an inner layer                  
          and in contact with both said layer and said inner layer to                 
          form said packaging laminate, wherein said adhesive layer                   
          comprises an adhesive resin, a curing agent and said                        
          butylated phenolic antioxidant; and said inner layer                        
          allowing migration of said butylated phenolic antioxidant                   
          therethrough.                                                               
               11.  An antioxidant adhesive film comprising:  a                       
          solventless cured adhesive resin selected from the group                    
          consisting of: polyether urethanes, polyester urethanes,                    
          and polyurethane; and a butylated phenolic antioxidant                      
          present in a concentration of between 1000 and 300,000                      
          parts per million applied from 0.00005 to 0.001 dry pounds                  
          per square foot of a substrate.                                             
               The examiner relies upon the following references as                   
          evidence of unpatentability:                                                
          Omura et al. (Omura)        4,650,847        Mar. 17, 1987                  
          Saad et al. (Saad)          5,562,874        Oct.  8, 1996                  
          Satoh et al. (Satoh)        6,194,061        Feb. 27, 2001                  
               Claims 1 through 5 stand rejected under 35 U.S.C.                      
          § 103 as being unpatentable over Saad in view of Satoh.                     
               Claim 11 stands rejected under 35 U.S.C. § 103 as                      
          being unpatentable over Omura in view of Satoh.                             
               As a preliminary matter, with regard to appellant’s                    
          arguments concerning entry of the amendment made to                         
          claim 11, this is a petitionable matter, and not an                         
          appealable one.  Hence, the status of claim 11 is as                        
          reproduced above, and as described by the examiner on pages                 
          2-3 of the Answer.                                                          
               We have carefully reviewed appellant’s Appeal Brief                    
          and Reply Brief and the Examiner’s Answer.  This review has                 
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