Appeal No. 2001-1387
Application No. 08/715,210
positions of the appellants and the examiner with regard to
the merits of these rejections.2
DISCUSSION
The Unipac reference discloses an induction-sealing liner
composed of the following layers from top to bottom:
polyolefin foam, polyolefin layer, wax adhesive, aluminum
foil, polyester film and heat sealable layer. As described in
the reference,
ISPE/PP-WD is a special induction-sealing liner
developed specifically for end uses where the
traditional pulpboard secondary liners cannot be
used. During induction sealing ISPE/PP-WD separates
into two parts. The foil-containing layer produces
a moisture and gas-proof seal to the tops of
polyethylene and polypropylene containers and the
2In the final rejection, claims 1 through 19 also stood
rejected under 35 U.S.C. § 112, first paragraph. Upon
reconsideration, the examiner has withdrawn this rejection
(see pages 2 and 3 in the answer). The examiner also has
refused to enter a third 37 CFR § 1.132 Declaration filed with
the appellants’ reply brief (see the advisory letter mailed
March 2, 2001, Paper No. 39). Due to its non-entry, we have
not considered this additional declaration in evaluating the
merits of the examiner’s rejections.
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