Ex Parte MUSCO - Page 5




          Appeal No. 2002-0306                                                          
          Application No. 08/911,983                                                    
               The appellant further urges that the materials of Walton,                
          Shah, and Wood are dissimilar and made by different processes.                
          (Appeal Brief, page 12, lines 10-23).  We disagree.  Again, both              
          Shah and Wood disclose films which are similarly structured (Shah             
          – a coextruded multiple layer film, abstract, line 1; Walton – an             
          extruded multiple layer film, column 6, lines 54-60), for similar             
          purposes, i.e. use as shrink wrap.  The appellant is focusing on              
          dissimilar examples and not considering the references, and the               
          art, as a whole.                                                              
               By way of more specific example, Shah discloses a polyamide              
          containing core layer 10 (column 4, lines 40-42) surrounded by                
          polymeric adhesive layers (column 4, lines 49-51) which is cladded            
          in outer layers which contain ethylene alpha olefin (column 4,                
          lines 57-65). The film is formed by extrusion and is also further             
          processed in conventional ways, e.g.  collapsed, stretched, and               
          oriented  (column 3, lines 19-28). One object of the invention is             
          to provide an oriented film with good shrink properties (column 2,            
          line 66 - column 3, line 2).  Further, Shah’s tear propagation is             
          well within the claimed range (column 6, lines 55-61).                        
               The appellant additionally urges that there is no motivation             
          to combine the teachings of Walton with respect to high blow-up               
          ratio with Wood or Shah to obtain a film with the properties of               
          claim 14.  (Appeal Brief, page 13, lines 1-4).  We disagree.  Both            

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