Ex parte DARR et al. - Page 4

          Appeal No. 95-0353                                                          
          Application 07/837,241                                                      

          darker color of the recycled plastic shows through the lighter              
          pigmented films.  Appellants’ solution to the problem is to                 
          insert an opaque plastic layer containing sufficient pigment to             
          visually block the darker color of the recycled plastic.                    
               The examiner states that Bonis “discloses the use of                   
          opacifiers, pigments and colorants ...” (answer, page 5).  The              
          examiner cites the following passage at col. 6, lines 43-48 of              
          Bonis for support:                                                          
                    Although preferred illustrative embodiments of the                
               invention have been shown and described, it is to be                   
               understood that various modifications and substitutions                
               may be made by those skilled in the art without                        
               departing from the novel spirit and scope of the                       
               present invention.                                                     
          We agree with appellants that this is boiler plate language and             
          does not, in any way, convey to the skilled artisan that Bonis              
          teaches or suggests using opacifiers, pigments and colorants in             
          the thermoplastic materials making up the layers of the molded              
          containers.  Bonis neither recognizes appellants’ problem nor               
          suggests or discloses inserting an opaque plastic layer between a           
          dark plastic layer and a pigmented layer to visually block the              
          dark plastic layer, or for that matter, using any opacifier,                
          pigment or colorant to reduce light transmission.  While the                
          examiner concludes that “[i]t is well known in the art to use               
          opacifier [sic, opacifiers], pigments and colorants in [a]                  

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