Ex parte EDWARDS et al. - Page 3




              Appeal No. 1997-3099                                                                                      
              Application 08/191,886                                                                                    


              to form an expanded, biaxially stretched, secondary tube having a continuous core layer                   
              less than 0.10 mil in thickness; and rapidly cooling said stretched film to form a heat                   
              shrinkable film having a total thickness of from about 1.5 to about 4.0 mils.                             
                                                                                                                       
                     The reference relied upon by the examiner is:                                                      
              Newsome et al. (Newsome)                  4,615,922                          Oct.  7, 1986                
                                             GROUND OF REJECTION                                                        

                     Claims 1 - 6, 9 - 56, and 65 - 73 stand rejected under 35 U.S.C. § 103.  As                        
              evidence of obviousness, the examiner relies on Newsome.                                                  
                     We reverse.                                                                                        
                                                   BACKGROUND                                                           

                     Applicants describe the invention at pages 10-11 of the specification, as being                    
              directed to a multilayer film having a high carbon dioxide permeability and relatively low                
              oxygen permeability which is controlled by a thin core layer.  The film is stated to be flexible          
              and having at least 5 layers wherein the core layer is about 0.05 to 0.10 mils and is a blend             
              of about 20 - 70 weight percent nylon and 30 - 80 weight percent of an ethylene vinyl                     
              alcohol (EVOH) copolymer having an ethylene content of about 38 mole percent or higher.                   
              The film is described as being useful for packaging respiring articles such as cheese.                    








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