Appeal No. 1996-3817
Application No. 08/180,521
(c) a second outer non-foamed polymeric layer
wherein the patch is adhered on the outside of
the biaxially heat shrinkable bag.
The examiner relies upon the following references as
evidence of obviousness:
Boyd et al. (Boyd) 4,657,811 Apr. 14,
1987
Ferguson 4,755,403 Jul. 05,
1988
Appellant's claimed invention is directed to a protective
heat-shrinkable patch in combination with a heat shrinkable
bag. The patch comprises first and second outer, non-foamed
polymeric layers and an inner foamed polymeric layer.
Appealed claims 1-5, 7 and 8 stand rejected under 35
U.S.C. § 103 as being unpatentable over Ferguson in view of
Boyd.
Upon careful consideration of the opposing arguments
presented on appeal, we will not sustain the examiner's
rejection. In essence, we are in substantial agreement with
the arguments advanced in appellant's brief.
Ferguson, the primary reference, discloses a protective
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