Appeal No. 1996-4071 Page 6
Application No. 08/292,692
lines 30-34 and page 4, line 126 to page 5, line 5). In our
view, that process is somewhat remote from the instantly
claimed process herein which requires that the formation of
the container take place via a heat-shrink method using a male
form subsequent to the formation of a biaxially oriented
intermediate product that is obtained by blow forming a sheet
of unoriented plastic material into a forming tube without
plug assist. While JP ‘817 and possibly JP ‘824 may be
directed to heat-shrink methods of forming containers, the
examiner has not clearly carried the burden of explaining why
a skilled artisan would have ignored their specific teachings
requiring plug assist formation of an intermediate in such
heat-shrink methods of container formation in any particular
one of their disclosed embodiments and substantially modified
their process including the molding apparatus used therein
based on the distinctly differing overall method taught by GB
‘830.
More fundamentally, we cannot agree with the examiner's
position regarding the claimed limitation requiring that the
blow forming step take place in an environment wherein "means
for preventing said thermoplastic material from sticking to
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