Ex Parte BONK et al - Page 3



                    Appeal No. 2001-0168                                                                                                                                  
                    Application No. 09/170,790                                                                                                                            

                                                            Ground of Rejection1                                                                                          
                              Claims 1-43 and 64-66 stand rejected under 35 U.S.C. § 103                                                                                  
                    as unpatentable over Moureaux.                                                                                                                        
                              We affirm as to claims 1, 5-9, 17-21, 23, 27-30, 32, 36-40,                                                                                 
                    42-43 and 64-66.  We reverse as to claims 2-4, 10, 14-16, 22, 24-                                                                                     
                    26, 31, 33-35 and 41.                                                                                                                                 

                                                            Background                                                                                                    
                              The invention is directed to a barrier membrane having                                                                                      
                    improved resistance to undesired gas permeation and to a method                                                                                       
                    of producing a laminated barrier membrane useful for controlling                                                                                      
                    gas permeation therethrough.  Such barrier membranes are, for                                                                                         
                    example, useful in vehicle tires and sporting goods, accumulators                                                                                     
                    used on heavy machinery and cushioning devices used in footwear.                                                                                      
                    Specification, page 2, lines 1-6.                                                                                                                     
                              The barrier membrane of the invention includes first and                                                                                    
                    second layers.  The first layer is a combination of at least one                                                                                      
                    aliphatic thermoplastic urethane and a copolymer of ethylene and                                                                                      

                              1 The rejections of claims 1-43 and 64-66 under 35 U.S.C.                                                                                   
                    § 112 first and second paragraphs have been withdrawn in view of                                                                                      
                    the amendment after final rejection, Paper No. 9, received March                                                                                      
                    2, 2000.  See Examiner's Answer, Paper No. 12, page 2, paragraph                                                                                      
                    (6).                                                                                                                                                  
                                                                                    33                                                                                    




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