Appeal No. 1998-0299
Application No. 08/301,523
layer D, and an abuse layer comprising LLDPE or VLDPE, layer E. (Cols. 10 and
11). Oberle discloses that during the cooking process the food contact layer bonds or
adheres to the meat product contained therein. (Col. 5, ll. 1 to 5).
It is the Examiner’s position that “Oberle teaches packaging of a raw food
product which is subsequently cooked in the multilayer film and having the
identically claimed inner food contact layer”. (Answer, p. 6). We agree.
Appellants argue the multilayered film of Oberle is not the same as claim 15
because the inner layer is different. Appellants state “[n]ylon 6 per se is not food
adherent. Irradiated nylon-6 is different. Simply, an ‘irradiated polyamide’ is not a
polyamide any longer but something different.” (Reply Brief, p. 5). The Examiner
states the function of the irradiation is to crosslink the film and does not change the
composition of the film. (Supp. Answer, p. 4). Appellants respond that the present
application does not mention radiation treatment and therefore the claimed film is
different from Oberle. (Supp. Reply Brief, p. 2)
We have not been directed to evidence which indicates that the composition of
the film would change due to irradiation of the film. Furthermore, Appellants’
argument does not appear to consider the disclosure of Oberle that the irradiation
of the food contact layer can occur simultaneously with the irradiation of the
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