Appeal No. 2000-1889
Application No. 08/828,903
of Gorlich and Graney. Claim 27 stands rejected under 35 U.S.C.
§ 103 as unpatentable over the combined disclosures of Gorlich,
Graney and Watanabe.
We have carefully reviewed the claims, specification and
applied prior art, including all of the arguments advanced by
both the examiner and the appellants in support of their
respective positions. This review leads us to conclude that the
examiner’s Section 103 rejections are not well founded.
Accordingly, we will not sustain the examiner’s Section 103
rejections for essentially those reasons set forth in the Brief
and the Reply Brief. We only add the following for emphasis and
completeness.
The examiner finds (Answer, page 4) that:
Gorlich teaches the use of a permeable/non-permeable
barrier for food packaging, such as meat, whereby the
outer non-permeable layer can be removed to allow gases
to penetrate the permeable layer. (Abstract).
The examiner recognizes that Gorlich does not mention employing
three layers of films to enclose a tray, with the first one being
a perforated film.
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