Ex Parte Schwark et al - Page 1



                          The opinion in support of the decision being entered today                            
                                    is not binding precedent of the Board.                                      

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                             ________________                                                   
                              BEFORE THE BOARD OF PATENT APPEALS                                                
                                          AND INTERFERENCES                                                     
                                             ________________                                                   
                           Ex parte DWIGHT W. SCHWARK and DREW SPEER                                            
                                             ________________                                                   
                                              Appeal 2007-1890                                                  
                                           Application 10/444,624                                               
                                           Technology Center 1700                                               
                                             ________________                                                   
                                           Decided:  July 31, 2007                                              
                                             ________________                                                   
                Before CHARLES F. WARREN, THOMAS A. WALTZ, and                                                  
                LINDA M. GAUDETTE, Administrative Patent Judges.                                                
                WALTZ, Administrative Patent Judge.                                                             

                                          DECISION ON APPEAL                                                    
                       This is a decision on an appeal under 35 U.S.C.  134 from the                           
                Primary Examiner’s final rejection of claims 1-3, 5-8, and 18, which are the                    
                only claims pending in this application.  We have jurisdiction pursuant to                      
                35 U.S.C.  6(b).                                                                               
                       According to Appellants, the invention is directed to a multilayer film                  
                comprising a first outer layer of a blend of a polymer and an antifog agent;                    
                an internal layer comprising an oxygen scavenger; a second outer layer                          




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