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 -2-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007