Ex Parte CULLISON et al - Page 4




          Appeal No. 2003-1906                                                        
          Application No. 09/458,623                                                  


          polyamide homopolymer or a copolymer and an inner layer of an               
          ethylene vinyl alcohol copolymer.                                           
               It is appellants’ contention that “while Takanashi may not             
          disclose particular lamination conditions, the joining of their             
          film layers is still limited to lamination and not coextrusion.”            
          (page 9 of principal brief, first paragraph).  According to                 
          appellants, “a multilayered film formed by lamination is                    
          structurally different than a multilayer film formed by                     
          coextrusion.” (page 10 of principal brief, second paragraph).               
          We agree with the examiner, however, that coextrusion is a form             
          of a lamination technique, i.e., layers may be laminated by                 
          coextrusion, adhesive bonding, etc.  Significantly, the examiner            
          has provided factual support that laminating can be accomplished            
          by coextrusion.  In particular, the examiner cites U.S. Patent              
          Nos. 4,424,256, 4,405,667, 5,726,283 and 5,212,006.  Appellants’            
          reply brief fails to offer any response to the examiner’s                   
          citation of these U.S. Patents.  Indeed, appellants’ own                    
          specification belies their argument that coextrusion is not a               
          form of lamination.  In relevant part, appellants’ specification            
          discloses the following:                                                    




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