Appeal No. 2004-2292
Application No. 09/747,537
Consequently, on this record, Appellants have not demonstrated that one
of ordinary skill in the art would not have reasonably expected that at least
some improved adhesion in adjacent layers comprising polyolefins, as
described in Blemberg, would have been obtained.
Appellants also argue that the requisite motivation to combine the
teachings of Schloegl and Blemberg to render the rejected claims obvious
is missing absent hindsight reconstruction. (Brief, p. 6).
We do not agree. As stated above, Blemberg discloses that layers of
a multilayer film, including polyolefin containing layers, exhibit improved
adhesion to one another when the adjacent layers comprise blends.
Consequently, a person of ordinary skill in the art would have reasonably
expected that adhesion would have been improved. “For obviousness
under § 103, all that is required is a reasonable expectation of success.”
In re O’Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988).
We also note that the Blemberg reference discloses an embodiment
that differs from the claimed invention in that tie layer (T)does not include a
hydrocarbon resin. (Col. 3, l 30 et seq.). As stated above, Schloegl
describes biaxially stretched films that comprise hydrocarbon modifiers in
the core layer. The present record indicates that persons of ordinary skill in
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