Appeal No. 2004-2292
Application 09/747,537
references within the meaning of § 103(a). See Dow Chem., supra; Kerkhoven, supra;
Keller, supra; see also O’Farrell, supra.
Appellants contend that the films of Schloegl and Peiffer are prepared differently
from those of Keller, pointing out that the latter reference discloses films that “are
shrinkable in only the machine direction” because of ‘the secondary machine direction
orientation process that takes place after conventional biaxial orientation,” exhibiting “a
transverse shrinkage of 1% or less while exhibiting machine direction shrinkage of at least
25%,” and thus, the polymeric modifiers are used to prevent tearing during uniaxial
shrinkage of the film (brief, pages 7-8, relying ¶¶ 8-12 of appellant Migliorini’s
declaration; see also page 11; see also reply brief, pages 2-3). Appellants point out that in
contrast, the films of Schloegl “are produced by conventional biaxial orientation
techniques” in which the film “is stretched in the longitudinal [machine] direction, and
then stretched in the transverse direction, and then heat set,” producing “films shrinkable
in both the longitudinal [machine] and transverse directions” (id., pages 7-8). Appellants
further point out that “the Peiffer films are produced through conventional biaxial
orientation processes” (id., page 11). However, I am not persuaded that the references are
not combinable.
Indeed, the disclosures of Schloegl (e.g., cols. 5-6), Peiffer e.g., cols. 7-8) and
Keller (e.g., cols. 9-10) are as argued by appellants, with Keller additionally disclosing
that there is some, although minimal, shrinkage in the transverse direction (col. 10, lines
14-16). However, I find that Keller further discloses that the skin layers that can be used
with the core or base layer containing polypropylene and a polymer modifier therefor,
“may be any of the coextrudable, biaxially orientable heat shrinkable film-forming resins
known in the prior art,” such as films of co- and terpolymer polyolefins as well as linear
low density polyethylene (col. 7, l. 58, to col. 8, l. 21), which include the polyolefin skin
31
Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: November 3, 2007