Appeal No. 1997-1602
Application No. 08/298,088
The above-mentioned layer possesses various properties desirable for films used
in packaging snack food and other consumer goods and to this layer is vacuum deposited
with a specified bond strength, a metal such as aluminum as is also desirable for films
used in packaging of the type previously noted. This appealed subject matter is
adequately illustrated by independent claim 1, a copy of which taken from the appellants'
brief is appended to this decision.
The references relied upon by the examiner as evidence of obviousness are:
Shih 4,010,222 Mar. 01, 1977
Takahashi et al. (Takahashi) 4,859,741 Aug. 22, 1989
Bittscheidt et al. (Bittscheidt) 4,891,406 Jan. 02, 1990
Golder 5,039,744 Aug. 13, 1991
Fukuda et al. (Fukuda) 5,059,470 Oct. 22, 1991
Swisher 5,112,462 May 12, 1992
Nakane et al. (Nakane) 5,173,357 Dec. 22, 1992
Super et al. (Super) 5,209,972 May 11, 1993
All of the appealed claims stand rejected under 35 U.S.C. § 103 as being
unpatentable over Bittscheidt or Takahashi or Golder in view of Fukuda and Nakane and
Shih and Super and Swisher.
We refer to the brief and to the answer for a thorough discussion of the opposing
viewpoints expressed by the appellants and the examiner concerning the above-noted
rejection.
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