Appeal No. 95-4359 Page 6
Application No. 08/041,190
perforations. However, Nawata et al shows a packaging
method comprising packaging the material in a film having 50
micron diameter perforations. See page 1, lines 81-85.
. . . It would have been obvious to one of ordinary skill
in the art at the time the invention was made to supply the
film of Isaka et al with the 50 micron perforations as
taught by Nawata et al to provide low gas permeabilities and
control over gas permeability, while maintaining the water
transmission, especially since Isaka et al teaches that the
size of the perforations should be adjusted to obtain
suitable gas composition inside the package. Further, the
desired number of perforations per area of the film is a
function of the particular plant material to be packaged.
Isaka et al teaches adjusting the number of perforations to
obtain the most desirable gas composition in the package for
the particular contents, and the particular number of
perforations depends merely on the contents and the opium
atmosphere desired. . . . It would have been obvious to one
of ordinary skill in the art at the time the invention was
made to provide the film of Isaka et al with 10-1000
perforations per square meter to provide the best gas
composition inside the package for the particular contents,
since applicant has not shown that the particular range of
perforations provides any particular advantage.
The appellant argues (brief, p. 5) that a prima facie case
of obviousness from the combined teachings of the applied prior
art has not been established. We agree. It is our opinion that
the combined teachings of Isaka and Nawata, relied upon by the
examiner, would not have suggested the claimed micron sized
perforations required by the claims on appeal. That is, the
claimed limitation that perforations in the polymeric film have a
mean diameter of 20 to 100 microns is not taught or suggested by
the applied prior art. In that regard, contrary to the
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