Appeal No. 1996-4035 Page 3
Application No. 08/257,431
BACKGROUND
The appellant's invention relates to a polymeric film for
the storage or packaging of plant material. A copy of the
claims under appeal is set forth in the appendix to the
appellant's brief.
Claims 22-25 stand provisionally rejected under the
judicially created doctrine of obviousness-type double
patenting over claims 2-3, 5, 6 and 9-12 of copending
Application No. 08/041,190.2
Claims 1, 4-10 and 13-25 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Schirmer in view of Isaka et 3
4 5
al. (Isaka) and Wavin .
2On November 10, 1998, Application No. 08/041,190 issued
as U.S. Patent No. 5,832,699.
3U.S. Patent No. 3,471,597 issued October 7, 1969.
4U.S. Patent No. 4,876,146 issued October 24, 1989.
5European Patent Application 0 155 035 published
September 18, 1985. The examiner and the appellant have
referred to this reference by the applicant's name rather than
the inventor's name. We will do likewise.
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