Appeal No. 96-3690
Application 08/234,516
Isaka discloses a process which comprises sealing products with a packaging
material using an automatic sealing or packaging machine (col. 10, lines 12-45). The
packaging material comprises a base layer consisting of a stretched (i.e., oriented) film made
of polypropylene and a surface layer consisting of a stretched film made of a polymer blend
(col. 2, lines 60-66). The polymer blend can be a copolymer of ethylene and propylene (col.
2, lines 44-48). Isaka discloses and claims that the base layer and the surface layer can
further include a low molecular weight thermoplastic resin which includes, inter alia,
hydrocarbon resins, rosins, dammars and phenolic resins to “improve the characteristic
properties” (col. 2, lines 60-67; col. 3, lines 24-53; claims 3, 24, 34, 35, 46 and 47). The
hydrocarbon resins include polymers of terpene resins (col. 3, line 54 to col. 4, line 31).
Among the terpene polymers specifically disclosed by Isaka are limonene, alpha-pinene and
beta-pinene (col. 4, lines 25-29).
On this record, we do not find that Isaka presents a prima facie case of anticipation.
While Isaka fairly teaches and suggests sealing a product with an oriented polypropylene
packaging material which comprises an oriented film of polypropylene to which is blended a
terpene resin polymer such as beta-pinene or limonene (col. 1, lines 11-12; col. 3, lines 5-30
col. 4, lines 25-29), the reference does not rise to the level of an anticipation of the claimed
subject matter. The examiner has not set forth a proper analysis of Isaka to explain why a
person having ordinary skill in the art would judiciously select beta-pinene and/or limonene
from the genus of terpenes disclosed by Isaka. In re Sivaramakrishnan, 673 F.2d 1383,
-5-
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