Appeal No. 2002-2261
Application No. 09/568,111
been obvious for one of ordinary skill in the art to use the
specific hydrolyzed polyvinyl alcohol disclosed by Lacz '473,
i.e., one having a degree of hydrolysis within the claimed range,
as a polyvinyl alcohol in the composition of Lacz '450. Indeed,
as noted by the examiner, Lacz '450 specifically teaches the use
of the claimed polyvinyl alcohol that is disclosed by Lacz '473
(see column 4, lines 1 et seq.). Consequently, based on these
unchallenged findings of the examiner, we find that it would have
been prima facie obvious for one of ordinary skill in the art to
formulate a paper coating composition within the scope of claim 1
on appeal.
Appellants emphasize that the starch-coated paper of
Lacz '450 is extruded with a layer of polyolefin, and "one of
skill in the art would predict that the observed increase in the
oxygen impermeability of the polyolefin-coated papers relates to
the greater integrity of the polyolefin layer" (page 4 of Brief,
third paragraph). According to appellants, "this observation
[of Lacz '450] does not predict the success of a starch coating
in the absence of the polyolefin layer to reduce oxygen
permeability, much less air flow (as measured in Gurley
porosity)" (id.).
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