Appeal No. 1996-4035 Page 9
Application No. 08/257,431
with a "myriad of tiny holes" used to package items like
vegetables which must "breath" when packaged; (2) Isaka
teaches olefin films for packaging plants having
permeabilities within the claimed ranges; and (3) Wavin
teaches that the gas flux through perforations may be
calculated. From these teachings the examiner then concludes
that it would have been obvious to one of ordinary skill in
the art to size the tiny holes of Schirmer to produce the
permeabilities of Isaka in order to preserve packaged
vegetables with average respiration rates because of the
teachings of Wavin and Isaka.
The appellant argues that a prima facie case of
obviousness from the combined teachings of the applied prior
art has not been established. We agree. It is our opinion
that the combined teachings of the prior art relied upon by
the examiner, would not have suggested the claimed micron
sized perforations required by the claims on appeal. That is,
the claimed limitation that the polymeric film has from 10 to
1000 perforations per square meter therein and the
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