Appeal No. 2003-1906
Application No. 09/458,623
polyamide homopolymer or a polyamide copolymer, which
first outer layer is attached to one side of an inner
layer which consists essentially of an ethylene vinyl
alcohol copolymer, which inner layer is attached on
another side to at least one second outer layer
independently comprising a polyamide homopolymer or a
polyamide copolymer.
The examiner relies upon the following references as
evidence of obviousness:
Grant 4,301,216 Nov. 17, 1981
Knott II et al. (Knott) 4,355,721 Oct. 26, 1982
Takanashi 4,537,305 Aug. 27, 1985
Schreck et al. (Schreck) 5,716,698 Feb. 10, 1986
Dallmann et al. (Dallmann) 4,572,854 Feb. 25, 1986
Appellants’ claimed invention is directed to an opaque,
peelable lid for a container, which comprises first and second
outer layers of a polyamide homopolymer or a copolymer, and an
inner layer of an ethylene vinyl alcohol copolymer. The first
and second outer layers and inner layer are formed by a
coextrusion process.
The appealed claims stand rejected under 35 U.S.C. § 103 as
follows:
(a) claims 1, 2, 4, 6, 9, 11, 13-19, 21, 22, 24, 27-29, 33
and 35-37 over Takanashi in view of Knott and Schreck.
(b) claims 3, 7 and 20 over the stated combination of
references further in view of Dallmann, and
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