Appeal No. 2003-0740
Application No. 09/099,188
first melting point (id., noting that Kraton G1652 taught by Smith
is a SEBS copolymer). The examiner recognized that Smith “failed
to teach the use of ethylene vinyl acetate in the heat sealable
film adjacent the sealing layer.” Id.
In the ground of rejection relying on Smith in view of Mueller
(Answer, pages 5 and 6),1 the examiner finds that Mueller suggested
to one of ordinary skill in the art of manufacturing medical bags
incorporating a multilayer film including an inner layer of SEBS
copolymer mixed with polypropylene/polyethylene (PP/PE) copolymer
for sealing with an adjacent layer of ethylene vinyl acetate (EVA)
to improve impact resistance and flexibility of the film (Answer,
paragraph bridging pages 5-6). Although Mueller desired to develop
a permanent seal, the examiner finds that Smith suggested the
formation of both a permanent seal as well as a peelable seal with
the plastic films as a function of time, temperature and pressure
applied during sealing (Answer, page 6). From these findings, the
examiner concludes that it would have been obvious to one of
ordinary skill in the art at the time of appellants’ invention to
1The second ground of rejection (Answer, page 6) applies
Smith and Mueller “for the same reasons as expressed above,”
additionally applying Fabisiewicz for the teaching of providing a
medical bag with multiple ports (Answer, page 7). Accordingly,
Fabisiewicz does not remedy the deficiencies discussed below
with respect to the combination of Smith and Mueller.
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