Appeal No. 2005-0084
Application No. 09/835,726
said inner layer being a relatively thin flexible
plastic layer that extends around an inner surface of
said outer layer and is unadhered to said outer layer,
said inner flexible layer being of uniform
thickness throughout, having a portion that overlies
said vent opening, and having a portion engaging the
inner surface of said finish and a radially extending
flange portion overlying said axial end of said finish.
The examiner relies upon the following references as
evidence of obviousness:
Avery 4,982,872 Jan. 08, 1991
Ellion et al. (Ellion) 5,497,911 Mar. 12, 1996
Kobayashi et al. (Kobayashi) 5,513,761 May 07, 1996
Thomas EP 0 182 094 May 02, 1986
Takakusagi et al. (JP ‘069) JP 6-345,069 Dec. 20, 1994
Okada et al. (JP ‘561) JP 8-183,561 Jul. 16, 1996
Appellant’s claimed invention is directed to a multilayer
container that is formed by coextruding and blow molding inner
and outer layers of plastic material. The outer layer has a base
portion comprising an atmospheric vent opening. The vent opening
is formed by the removal of material from the base after the blow
molding operation. Appellant submits that “[t]he appealed claims
of the present application are directed specifically to the
atmospheric vent opening 42" (page 3 of principal brief, third
paragraph).
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