Ex Parte Wenning et al - Page 7




          Appeal No. 2004-1333                                                         
          Application 09/969,190                                                       


          avoid water vapor and gas permeability particularly reliably if a            
          layer of the cladding is formed by a metal layer produced by                 
          sputtering or by use of a plastic/metal composite film. For these            
          reasons, we find appellants’ argument regarding the                          
          “thermoplastic” language of claims 1, 20 and 21 on appeal to be              
          unpersuasive.                                                                


          In light of the foregoing, we will sustain the examiner’s                    
          rejection of claims 1, 20 and 21 on appeal under 35 U.S.C.                   
          § 102(b) as being anticipated by Wynne. Per appellants’ grouping             
          of claims set forth on page 7 of the brief, it follows that                  
          claims 2 through 19 will fall with claim 1, and that the                     
          examiner’s various rejections under 35 U.S.C. § 103(a) of those              
          claims will also be sustained.                                               














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