Appeal No. 1998-3317 Page 6
Application No. 08/575,347
as a whole would have suggested to those of ordinary skill in
the art. See In re Keller, 642 F.2d 413, 425, 208 USPQ 871,
881 (CCPA 1981) (and cases cited therein). Whether the
examiner relies on an express or an implicit showing, the
examiner must provide particular
findings related thereto. See Dembiczak, 175 F.3d at 999, 50
USPQ2d at 1617. Broad conclusory statements standing alone
are not "evidence." Id.
Claim 1 (the only independent claim on appeal) reads as
follows:
A method for making a multi-layer blow molded
container, comprising:
moving a sheet of resin having oppositely facing
first and second surfaces between a pair of spaced
heaters to provide heating thereof;
drawing a vacuum at a confined area of the first
surface of the heated sheet of resin such that the first
surface has a convex shape and the second surface has a
concave shape;
thereafter engaging a male vacuum mold with the
second surface of the sheet of resin and drawing a vacuum
through the male vacuum mold to thermoform the sheet of
resin into a preform liner;
injection molding an outer layer of resin around the
preform liner to provide a multi-layer preform; and
blow molding the multi-layer preform to provide
the multi-layer blow molded container.
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