Appeal 2007-2806
Application 10/617,036
35 U.S.C. § 103 as obvious over Nohara in view of Esposito and Diekhoff;
and claims 1, 2, 4, 6-9, 20-23 and 25 under 35 U.S.C. § 103 as obvious over
Esposito in view of Nohara.
OPINION
We affirm the aforementioned rejections
Rejection under 35 U.S.C. § 102(b)
Nohara discloses “a process in which a multi-layer pipe to be used for
the production of a draw-blow-formed bottle comprising a polyester layer
and an oxygen-barrier resin layer is prepared in the transparent state while
preventing crystallization” (col. 1, ll. 13-17). Nohara discloses:
This pipe is cut into a certain size, and one end is heated and
fused and is pressed by female and male molds having a cavity
corresponding to an optional bottom shape, such as a semi-spherical
shape, and a projection, whereby a closed bottom portion 26 as shown
in FIG. 4 is formed.
The other end of this pipe 21 is heated and pressing, drawing
and blow forming are carried out in optional molds, whereby a
perform 30 having an opening 27 on the top end and also having lid-
fitting, screw and anchoring portions such as a screw 28 and a neck
ring (support ring) 29 on the periphery as shown in FIG. 5 is formed.
[col. 7, ll. 51-63]
* * *
The so-obtained multi-layer drawn polyester bottle 36 shown in
FIG. 8 has an excellent transparency and has a gas barrier property
much higher than that of a bottle composed solely of a polyester
(drawn PET), which is excellent over other plastic bottles.
Furthermore, this gas barrier property is freely adjustable, and the
bottle has a good pressure resistance. Accordingly, this bottle is very
suitable for filling and storing of carbonated drinks such as beer, cola
and cider…. [col. 8, ll. 54-62]
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