Appeal No. 1998-0299
Application No. 08/301,523
proffered convincing evidence that establishes the multilayered film of Oberle does
not necessarily or inherently possess characteristics attributed to the claimed product.
Claims 18, 22 and 32 to 34 have been rejected as unpatentable under 35
U.S.C. § 103 over Oberle. (Answer, p. 7). Appellants, in the Reply Brief, did not
specifically respond to the rejection under § 103 as stated on page 7 of the
Examiner’s Answer.3
We agree with the Examiner’s conclusion that it would have been obvious for
one with ordinary skill in the art to include mixtures of polyamides in forming the
inner contact layer of Oberle. As stated above, Oberle discloses biaxially oriented
multilayered film which comprises an inner food contact layer formed from
polyamides. As pointed out by the Examiner, Oberle discloses a variety of
polyamides are suitable for formation of the inner food contact layer. (Col. 5, ll. 24-
58). The use of mixtures of polyamides in forming the inner food contact layer flows
logically from their having been individually taught by Oberle, thus
establishing a prima facie case of obviousness. In re Kerkhoven, 626 F.2d 846,
3 In the Reply Brief, Appellants’ discussion of the Oberle reference directs us to pages 10
and 11 of the principal Brief (Reply Brief, p. 5). There is no indication that Appellants intended
this to be the response to the rejection under § 103 over Oberle.
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