Appeal No. 95-4359 Page 5
Application No. 08/041,190
Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
1993). A prima facie case of obviousness is established by
presenting evidence that the reference teachings would appear to
be sufficient for one of ordinary skill in the relevant art to
make the modifications necessary to arrive at the claimed
invention. See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596,
1598 (Fed. Cir. 1988) and In re Lintner, 9 F.2d 1013, 1016, 173
USPQ 560, 562 (CCPA 1972).
With this as background, we turn to the examiner's rejection
of claim 12, the only independent claim on appeal.
Claim 12 recites a method of packaging plant material in a
perforate polymeric film comprising, inter alia, selecting a
perforate polymeric film having from 10 to 1000 perforations per
square meter wherein the perforations have a mean diameter of 20
to 100 microns, placing the plant material in the perforate
polymeric film and sealing the film to form a package containing
the plant material.
The examiner's statement of the rejection is:
Isaka et al substantially shows the invention as
claimed except for the particular size and number of the
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