Appeal No. 2001-2132 4
Application No. 08/985,443
Rejection under Section 102
It is the examiner’s position that the “the claimed stiffness of 10-100 Gurley is
inherent of the multilayer film.” See Answer, page 6. We agree.
Shigemoto is directed to an ethylenic composite film structure of sandwich structure.
See column 1, lines 5-6. We find that the film structure is composed of a layer A of high
density polyethylene having a preferable density of 0.950-0.965 which is anticipatory of
the claimed density. See column 2, lines 30-42. We further find that the high density
polyethylene of Examples 5 and 6 is 0.952, each of which is anticipatory of the claimed
density. The high density polyethylene is surrounded by a layer of B of a random
copolymer of ethylene and an alpha olefin. See column 1, lines 16-24. We find that the
thickness of layer B is 1-20 microns. See column 3, lines 65-67. We find that the
thickness of layer A is 5-100 microns. See column 4, lines 9-11. This thickness
corresponds to a range in mils of 0.27 mils to 4.72 mils. We further find that the overall
thickness of the layer in Examples 5 and 6 is 40 :m which translates to 1.57 mils and is
anticipatory of the overall thickness required by the claimed subject matter. Furthermore
the base layer A is substantially thicker than the outer layer B as required by the claimed
subject matter.
We agree with the examiner’s finding that the base layer is free of filler particles
inasmuch as the reference is silent with respect to the presence of fillers in the base layer.
Furthermore, since patentee utilizes the composition for a transparent packaging material,
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