Ex Parte BONK et al - Page 4



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

                   vinyl alcohol.  The second layer includes a thermoplastic                                                                                              
                   urethane.  The first and second layers are held together by                                                                                            
                   hydrogen bonding.  In accordance with the method of the                                                                                                
                   invention, the laminated barrier membrane is preferably                                                                                                
                   manufactured by extruding the layers.                                                                                                                  

                             Discussion                                                                                                                                   
                             Appellants assert that "[e]ach of the present claims is                                                                                      
                   patentable over the Moureaux reference because the Moureaux                                                                                            
                   reference fails to teach, mention or suggest hydrogen bonding                                                                                          
                   between layers of a barrier membrane."  Appeal Brief, Paper No.                                                                                        
                   10, received March 2, 2000, page 9.  Appellants appear to concede                                                                                      
                   that Moureaux teaches a barrier membrane having layers containing                                                                                      
                   the same chemical components as the claimed first and second                                                                                           
                   layers.  See id., pages 9 and 10.  However, appellants maintain                                                                                        
                   that the structure of Moureaux's first layer is such that                                                                                              
                   hydrogen bonding would not occur, while the structure of                                                                                               
                   appellants' first layer allows for hydrogen bonding to occur                                                                                           
                   along a segment of the membrane between the first and second                                                                                           




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