Appeal No. 2004-1240
Application No. 09/742,691
which is sold exclusively into the food service
industry and retail food outlets for wrapping
food products. These rolls are offered in two
industry standard widths, 12 inches and 18
inches, and come in various different lengths.
Anders Declaration, paragraph 2. Scott Anders’
company is vertically integrated in the
production of roll foil as follows: rewinding
and slitting of master parent rolls into
commercially acceptable food service widths and
lengths, fastening an integrated metal cutting
edge to the foil dispenser boxes, assembling the
boxes, filling the boxes with roll foil, and
final pack-out for shipping to customers. Since
the company applies their own metal cutting edge
to the dispenser box, Scott Anders’ company
considers themselves to be experts in the area of
foil dispensers. Anders Declaration, paragraph 3.
Scott Anders has read and reviewed the Budny and
Clatterbuck patents. Scott Anders has reviewed
the hair foil package from Product Club covered
by the present patent application. In the
opinion of Scott Anders, Product Club’s hair foil
package represents a new, and non-obvious use,
for an existing application. Anders Declaration,
paragraph 4. Hair foil, which is claimed to be
from 3.5 and 6 inches wide has never been used in
the food service industry for the size is too
small and not practical for wrapping food
products. A roll of aluminum foil packaged in a
self dispensing box, containing an integrated
cutting blade, being of a width ranging from 3.5
to 6 inches, has never been utilized before in
the food service industry, or any other category
that he is aware of. Therefore, it is the
opinion of Scott Anders that Product Club’s
product covered by the present patent application
is unique and not obvious over Budny and
Clatterbuck or any other prior art. Anders
Declaration, paragraph 5. Food service roll foil
has been around for decades, but always in a
width greater than what is claimed in Product
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