Ex Parte Leigner et al - Page 3

                   Appeal 2007-2915                                                                                                    
                   Application 10/151,637                                                                                              
                   II. Findings of Fact ("FF")                                                                                         
                           The following findings of fact and any set forth in the Discussion are                                      
                   supported by a preponderance of the evidence.  To the extent any "finding of                                        
                   fact" is a conclusion of law, it should be so treated.                                                              
                           A. Appellants' Specification                                                                                
                   [1] Many food products are conveniently packaged in plastic containers                                              
                           (Specification at 1:12-13).                                                                                 
                   [2] However, some foods, such as cream cheese, are said to “stick” to the                                           
                           plastic surfaces of the containers (Specification at 1:13-15).                                              
                   [3] According to the Specification, plastic containers containing more                                              
                           than about 4,000 ppm GMS in at least their inner surfaces have                                              
                           improved release characteristics (Specification at 1:3-10 and 2:12-23).                                     
                   [4] The GMS is said to act as a “release agent” to facilitate removal of                                            
                           food products from the container (Specification at 1:6-8 and 2:22-23).                                      
                   [5] For example, according to the Specification, “cream cheese can be                                               
                           dispensed in a single block form simply by flexing the plastic                                              
                           container by hand and/or light thumb pressure on the bottom of the                                          
                           plastic container” (Specification at 2:23-25).                                                              
                   [6] The plastic container is preferably formed from polypropylene,                                                  
                           polyethylene, polyester, polystyrene or mixtures thereof (Specification                                     
                           at 3:22-24).                                                                                                
                   [7] If only an inner layer of the container, i.e., a food-contacting layer,                                         
                           contains GMS, the layer is generally about 0.01 to about 1 micron                                           
                           thick (Specification at 4:19-21).                                                                           




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