Appeal No. 1997-0533
Application No. 08/353,916
Brinley is directed to embossing and laminating layers
simultaneously so that the outermost polymeric film can reach
its plastic set temperature and be easily and permanently
deformed by the pattern on the chill roll. The examiner has
not presented any evidence or reasoning as to why one of
ordinary skill in the art would have expected the metal foil
of Anderson to behave in a similar manner to the polymeric
films of Brinley. Furthermore, the examiner has not presented
any reasoning as to why one of ordinary skill in the art would
have modified the method of Anderson by having the metal foil
deformed by any engraved chill roll when Anderson does not
show or suggest that the metal foil contacts the chill roll.
The examiner also has not explained or presented reasons why
Anderson teaches embossing the polyethylene layer by contact
with a patterned chill roll but does not teach any process for
“imprinting” the metal foil. Accordingly, the examiner has
not established that the applied prior art would have
suggested to one of ordinary skill in the art that the claimed
process should be carried out. Vaeck, 947 F.2d at 493, 20
USPQ2d at 1442.
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