Ex Parte VON WIDDERN et al - Page 2




               Appeal No. 1998-0299                                                                                                 
               Application No. 08/301,523                                                                                           


                                                       BACKGROUND                                                                   
                        The invention is directed to a multi-layered, biaxially stretched tubular film                              
                comprising an inner layer which comprises an aliphatic polyamide, a water vapor                                     
                barrier outer layer and an oxygen barrier core layer.  The water vapor layer                                        
                comprises an olefinic polymer and the oxygen barrier layer comprises an ethylene-                                   
                vinyl alcohol copolymer or a partially aromatic polyamide.  The tubular biaxially                                   
                stretched film is said to be useful for filling with food products such as sausage                                  
                fillings.  (Brief, p. 2).   Claim 15, which is representative of the claimed invention, is                          
                reproduced below:                                                                                                   
                15.     A multilayered, biaxially stretched tubular film for covering goods in                                      
                        the liquid or pasty state, which undergo a heat treatment after the                                         
                        filling, the tubular film consisting of at least the three following strata:                                
                        - an outer stratum comprising at least one water vapor barrier layer of                                     
                        an olefinic polymer,                                                                                        
                        - a core stratum comprising at least one oxygen barrier layer of an                                         
                        ethylene/vinyl alcohol copolymer or a partially aromatic polyamide,                                         
                        and                                                                                                         
                        - an inner stratum which comprises at least one layer containing an                                         
                        aliphatic polyamide.                                                                                        
                        As evidence of unpatentability, the Examiner relies on the following                                        
                reference:                                                                                                          
                Oberle                         4,855,183                      Aug. 8, 1989                                          


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