Ex parte RIGOSI et al. - Page 10




          Appeal No. 96-1501                                                          
          Application No. 08/172,517                                                  


          art.  From our review of the patent to Matsumoto, we find that              
          Matsumoto discloses that polyolefin coatings may be applied to              
          containers "useful as packaging materials for foods, liquids, and           
          medicines" (column 4, lines 21-22) as has the examiner, but also            
          that it discloses that a method of applying a polyolefin coating            
          can include "adhering the polyolefin composition to the polar               
          material by electrostaticity and then melting the polyolefin                
          composition to laminate it on the polar material" (column 3,                
          lines 58-61), and that a primer may be used prior to such coating           
          (column 4, lines 5-7).                                                      
               However, as with our discussion above with respect to the              
          rejection of claims 1 through 3, 5 and 6 under § 103 as being               
          unpatentable over Appellants' admitted prior art in view of                 
          Walker, we fail to see how the process of forming the metal can             
          of Walker would have taught one of ordinary skill in the art to             
          utilize these teachings to coat the inside surface of elements of           
          containers, then premelt the polyolefin composition, then                   
          assemble the elements, and then melt the polyolefin composition             
          again to arrive at the process recited in appealed claim 1.  We             
          again conclude that the only reason to combine the teachings of             
          the applied prior art in the manner proposed by the examiner in             
          this rejection of claims 1 through 3, 5 and 6 under 35 U.S.C.               

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