Ex parte BALLONI et al. - Page 4




              Appeal No. 96-3690                                                                                             
              Application 08/234,516                                                                                         

                                                   ANTICIPATION BY ISAKA                                                     
                      The examiner rejected claims 14-16 and 18 under 35 U.S.C. § 102(b) as being                            
              anticipated by Isaka.  On pages 1 and 2 of the specification, appellants summarize their                       
              invention as follows:                                                                                          
                             The invention relates to the packaging of a product capable of absorbing                        
                      unwanted odors and unpleasant flavors, or a product containing desirable flavor                        
                      and aroma characteristics, that are to be retained.  The package employs an                            
                      oriented film of a blend of polypropylene and a member selected from the group                         
                      consisting of  polymerized  d-limonene,  polymerized  beta-pinene,  or a                               
                      polymerized synthetic approximation of d-limonene and beta-pinene and                                  
                      mixtures thereof, to exclude unwanted odors or flavors and to retain those that                        
                      are desirable.  The present invention is also concerned with a method for                              
                      preventing the transmission of odors and flavors into or out of a product, when                        
                      the product is packaged in an oriented film of a blend of polypropylene and a                          
                      member selected from the group consisting of polymerized d-limonene,                                   
                      polymerized beta-pinene, and polymerized synthetic approximation of d-                                 
                      limonene and beta-pinene and mixtures thereof.                                                         
                             It is preferred that the film structures identified above include a heat-                       
                      sealable skin layer comprising a polyolefin of comparatively low stereoregularity                      
                      on at least one surface thereof.                                                                       
                      The subject matter recited in claim 14 is directed to a method of sealing a product with               
              a film comprising "an oriented film of a blend of polypropylene and a polymerized polyterpene                  
              selected from the group consisting of polymerized d-limonene, polymerized beta-pinene, and                     
              mixtures thereof, said polyterpene being present in an amount sufficient to act as an effective                
              odor and flavor barrier when blended with polypropylene.”  Thus, the oriented film, as defined                 
              in the claim, has the property of acting as a barrier for preventing the transmission of odors                 
              and flavors into or out of a product.                                                                          


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