Appeal No. 1995-5015
Application 08/036,272
has good gas and aroma barrier properties and is useful in the
manufacture of packaging containers (col. 2, lines 1-13). The
laminate is formed by joining two partial laminates, each of
which consists of a carrier layer and a barrier layer, by use
of a conventional bonding agent (col. 3, lines 45-63; figure
3). The carrier layers are made of a thermoplastic material
and the disclosed barrier layer materials are silicon dioxide
and silicon nitride (col. 3, lines 1-3 and 24-26).
The examiner argues that Löfgren is relied upon for a
teaching that the level of skill in the art was sufficiently
high that one skilled in the art would have known how to
laminate Holmström’s materials in the order recited in
appellants’ claims, and would have been motivated to do so
(answer, page 5).
In order for a prima facie case of obviousness of
appellants’ claimed invention to be established, the prior art
must be such that it would have provided one of ordinary skill
in the art with both a suggestion to carry out appellants’
claimed process and a reasonable expectation of success in
doing so. See In re Dow Chemical Co., 837 F.2d 469, 473, 5
4
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