Appeal 2007-0656
Application 10/653,584
structure comprised of an outer layer of polypropylene (32), a first tie layer
(34), an intermediate layer made of ethylene vinyl alcohol (EVOH) (36), a
second tie layer (38), an inner layer “formed substantially entirely of
polypropylene” (40), and a peel-seal layer (42) wherein the peel-seal layer is
“thinner than the inner layer” (claim 1, Specification 3-5).
Claim 1 is illustrative:
1. An easy-opening closure for sealing an opening of a retortable
container, the closure comprising:
an outer layer formed of polypropylene;
a first tie layer disposed on the outer layer;
an intermediate layer disposed on the first tie layer opposite the outer
layer and adhered to the outer layer by the first tie layer, the intermediate
layer being formed of EVOH;
a second tie layer disposed on the intermediate layer opposite the first
tie layer;
an inner layer disposed on the second tie layer opposite the
intermediate layer, the inner layer being formed substantially entirely of
polypropylene; and
a peel-seal layer disposed on the inner layer opposite the second tie
layer, wherein the peel-seal layer is thinner than the inner layer and is
configured to be adhered to the container and structured to provide a bond of
controlled strength between the closure and the container such that the
closure can be peeled therefrom with a predetermined force.
The rejections as presented by the Examiner are as follows:
1. Claims 1-8 are rejected under 35 U.S.C. § 112, first paragraph, as the
added claim language “thinner than the inner layer” fails to comply
with the written description requirement.
2
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Last modified: September 9, 2013