Ex parte ALLSOPP - Page 6




          Appeal No. 97-1979                                                          
          Application 08/278,335                                                      


               a thin plastic film 12 preferably of polyester                         
               [e.g., “Mylar”] because of its dimensional                             
               stability, adaptability to metallizing, availability                   
               in thin gauges (as low as one-half mil or less),                       
               ageing-resistance, and, for its weight, its                            
               relatively high tensile strength, resistance to                        
               snagging and ripping, and low permeability to light-                   
               density gases.  . . .  Irrespective of the chemical                    
               composition of the core 12, however, it is provided,                   
               on the surface which forms the interior of the                         
               envelope 11, with a metallizing coating 13,                            
               preferably (and now easily obtainable) a “thin film”                   
               of aluminum conventionally formed by depositing a                      
               vapor of aluminum upon the film core 12 in an ultra-                   
               high vacuum [column 2, lines 30 through 48].                           


               The test for obviousness is what the combined teachings                
          of the references would have suggested to those of ordinary                 
          skill in the art.  In re Keller, 642 F.2d 413, 425, 208 USPQ                
          871, 881 (CCPA 1981).  In the present case and notwithstanding              
          the arguments to the contrary advanced by the appellant, the                
          combined teachings of Astle and Babbidge would have provided                
          the artisan with ample suggestion or motivation (1) to modify               
          the Astle device by making its inflatable tube or balloon 6                 
          lighter-than-air in order to augment its intended lifting                   
          function and (2) to implement this modification by employing                
          Babbidge’s helium-filled, metal-coated plastic envelope                     
          construction to gain the above noted benefits of same.  As so               
                                         -6-                                          





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