Ex Parte MUSCO - Page 2




          Appeal No. 2002-0306                                                          
          Application No. 08/911,983                                                    
               b) blowing the film by a hot blown process up to a blow-up               
          ratio of between 2.0:1 and 3.0:1;                                             
               whereby the film has a tear propagation (ASTM D-1938) value              
          of less than 350 grams in the longitudinal direction, and less                
          than 500 grams in the transverse direction.                                   
               15.  The process of claim 14 wherein the core layer                      
          comprises:                                                                    
               a) a first polyamide layer,                                              
               b) a second polyamide layer, and                                         
               c) a third layer, disposed between the first and second                  
          layers, comprising a polymeric adhesive.                                      
                                     The References                                     
               In rejecting the claims under 35 U.S.C. § 103(a), the                    
          examiner relies upon the following references:                                
          Shah                     4,724,185           Feb. 09, 1988                   
          Wood et al. (Wood)        5,419,795           May  30, 1995                   
          Walton et al. (Walton) 5,591,390              Jan. 07, 1997                   
                                     The Rejections                                     
               Claims 14 and 15 stand rejected under 35 U.S.C. § 103(a) as              
          being unpatentable over Wood or Shah in view of Walton.                       
                                      The Invention                                     
               The invention relates to a coextruded easy open tear film                
          compatible with current commercial packaging systems.  The film is            
          said to have not only easy tear properties, but also good                     
          dimensional stability and abuse resistance.  (Appeal Brief, page              
          8, last three lines).  For further aspects of the claimed                     


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