Appeal No. 2004-2292
Application No. 09/747,537
base layer and in the two sealing layers.” (Col. 4, ll. 3-8). Schloegl also
discloses that the films can be biaxially oriented. (Col. 2, ll. 64-65).
The Examiner found that Blemberg teaches a co-extruded multilayer
film having layers that exhibit improved adhesion to one another when the
layers comprise blends wherein the components of the blends have been
adjusted for this purpose. (Answer, pp. 4-5). Blemberg teaches that the
“invention concerns improving the adhesion of polyolefins, vinylidene
chloride copolymers, polyesters, polyamides and/or polycarbonates, as
generically described above, X and Y can be any material suitable for
making film layers therefrom. Such materials, by way of example, include
generally polyolefins”. (Col. 2, ll. 32-38). Blemberg also discloses that the
films can be biaxially oriented. (Col. 4, ll. 24-27). Thus, the Examiner
determined that “it would have been obvious to one of ordinary skill in the
art to blend the olefinic polymer comprising the sealable layer of Schloegl
into the base layer in amounts sufficient to improve adhesion of the core to
the skin layers. The sealable olefinic polymer would read on the claimed
‘polymeric modifier.’” (Answer, p. 5).
Appellants argue that the teachings and suggestions of Blemberg
are inapplicable to the Schloegl reference. (Brief, p. 5). Specifically,
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