Appeal No. 2001-0168
Application No. 09/170,790
and "3 wt.% to about 50 wt." of at least one aliphatic
thermoplastic urethane." Moureaux discloses a membrane
comprising a film 2 of a graft polymer formed by the reaction of
thermoplastic polyurethane with ethylene-vinyl alcohol copolymer
arranged between two layers 3 of thermoplastic polyurethane
membrane. See, supra, pages 7-8. Film 2 may be obtained by
mixing these components "in a proportion of 50% to 95% of EVOH
with respect to the thermoplastic polyurethane" to form a graft
polymer. Moureaux, column 6, lines 24-25 (emphasis added). In
the resulting film 2, the amount of ethylene-vinyl alcohol
copolymer with respect to the first material is in the range of
5-20%. Id. column 2, lines 25-39 (emphasis added). Thus,
Moureaux does not render obvious those claims which require that
the barrier membrane include 50 weight percent or less
thermoplastic urethane or those claims which require that the
first layer include 5 wt.% of at least one ethylene and vinyl
alcohol.
In sum, we conclude that the examiner has established a
prima facie case of obviousness with respect to claims 1, 5-9,
17-21, 23, 27-30, 32, 36-40, 42-43 and 64-66 which appellants
have failed to rebut. The rejection is affirmed as to these
claims. The examiner has failed to establish a prima facie case
1010
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