Ex parte FINKELSTEIN et al. - Page 2




                 Appeal No. 2001-1387                                                                                                                   
                 Application No. 08/715,210                                                                                                             

                          a) a reusable liner portion;                                                                                                  
                          b) an inner seal portion;                                                                                                     


                          wherein the reusable liner portion is sized to fit                                                                            
                 within a closure for a container and the inner seal acts as a                                                                          
                 seal on an opening of the container, the improvement                                                                                   
                 comprising                                                                                                                             
                 i) a pressure sensitive light tack shearable adhesive                                                                                  
                 joining one face of the reusable liner to an opposing face of                                                                          
                 the inner seal, said adhesive more readily failing in shear                                                                            
                 than said reusable liner portion so as to enable separation of                                                                         
                 the reusable liner from the inner seal; and                                                                                            
                          ii) a polyolefin layer as part of the reusable liner.1                                                                        

                                                                THE EVIDENCE                                                                            
                          The items relied on by the examiner as evidence of                                                                            
                 obviousness are:                                                                                                                       
                 Helms et al. (Helms)                                  4,418,834                           Dec.  6, 1983                                
                 Peeters                                               5,381,913                           Jan. 17, 1995                                
                 Finkelstein et al. (Finkelstein)  5,598,940                                                        Feb.  4,                            
                 1997                                                                                                                                   
                 Unipac, “Induction Seal - ISPE/PP-WD” June 21, 1991                                                                                    

                          1The references to the “inner seal” and/or “reusable                                                                          
                 liner” in claims 1, 3 and 13 through 15, and to “the                                                                                   
                 polyolefin foamed layer” in claim 12 lack a proper antecedent                                                                          
                 basis.  Also, the language in claim 9 is inconsistent as to                                                                            
                 whether the heat resistant polymeric layer is a part of or                                                                             
                 separate from the polyolefin layer.  These informalities are                                                                           
                 deserving of correction in the event of further prosecution                                                                            
                 before the examiner.                                                                                                                   
                                                                           2                                                                            





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