Appeal No. 1998-0119 Page 7
Application No. 08/466,171
predictable layer interactions and ultimate film performance. In re Vaeck, 947 F.2d
488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991).
As to the utilization of the claimed anti-blocking agent, on the record before us, the
only evidence disclosing the claimed hydrocarbyl crosslinked polysiloxane comes from
appellants’ own specification. We find no disclosure in either of the references of record
directed to the specific crosslinked siloxane component. Moreover, the anti-blocking
agent is one which needs to be compatible with a high density polyethylene containing
multilayer film. There is however, no evidence of record to suggest that hydrocarbyl
crosslinked polysiloxanes, even if per se known, would be compatible with the
multilayered film composition of the claimed subject matter. Accordingly, the examiner
has failed to establish a prima facie case of obviousness with respect to the claimed subject
matter before us.
It is well settled that the examiner must show reasons that the skilled artisan
confronted with the same problems as the inventor and with no knowledge of the claimed
invention, would select the elements from the cited prior art references for combination in
the manner claimed. We determine that there is no reason, suggestion, or motivation to
combine the references in the manner proposed by the examiner. Accordingly, the
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