Appeal 2007-3551
Application 10/803,360
In summary, Shibata suggests forming a printable, coated, biaxially
oriented film having a polypropylene base film coated with a urethane
coating, the urethane coating applied after a uniaxial stretching step, but
before a transverse stretching step as required by claim 1.
We remand to the Examiner to allow the Examiner to consider the
patentability of the claims of record in view of Shibata and any other prior
art that is relevant.
III. CONCLUSION
In summary, we determine that the Examiner has not properly
established a prima facie case of obviousness within the meaning of
35 U.S.C § 103(a) over Kinoshita in view of Posey. We further determine
that new evidence, namely Shibata, calls into question the patentability of
the claims.
IV. DECISION
The decision of the Examiner is reversed and the Application
remanded to the Examiner to allow consideration of new evidence (U.S.
Patent 6,217,687 B1 issued to Shibata et al.).
We hereby remand this application to the Examiner, via the Office of
a Director of the Technology Center involved, for appropriate action in view
of the above comments.
This application, by virtue of its “special” status, requires immediate
action.
REVERSED and REMANDED
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