Appeal No. 2006-0317
Application 10/192,106
percent of the skin layer (brief, page 14). The weight percent of PBT based on the total weight
of the cavitated core layer was not reported. Liu would have disclosed that the oriented
polymeric film structure is a tamper-resistant film which can be used in the packaging of food
products, with layer b) weakened because of voids or cavities formed by cavitating agents during
orientation to the extent that “upon exertion of a force in a direction which tends to rupture the
seal [formed with the cold adhesive], the integrity of the weakened layer will be disrupted” with
“irreversible tearing of the film” (e.g., col. 1, ll. 65-68, col. 3, ll. 1-5 and 30-39, and col. 5, l. 6,
to col. 6, l. 26).
We find that Agent would have disclosed to one of ordinary skill in this art an oriented
polymeric film structure which has unidirectional tear characteristics in the machine direction,
wherein the film comprises a core layer that can contain a cavitating agent, such as polyesters
and calcium carbonate, that can be opaque; at least one skin layer on at least one surface of the
core layer; and can further contain at least one tie layer that can be positioned between the core
layer and the skin layer(s) (e.g., col. 2, ll. 10-57, and col. 5, ll. 11-26). The core layer is
weakened by voids or cavities formed by the cavitating agent during orientation, and thus, the
film can be torn, with the amount of cavitating agent in the core layer of from about 0 to 50
weight percent and preferably from about 2 to about 25 weight percent (e.g., col. 3, l. 32, to col.
4, l. 16). The film can be surface treated to improve ink receptivity (col. 5, ll. 53-57). The films
can be used in food packaging.
The principal issue in this appeal is whether one of ordinary skill in the art following the
combined teachings of Liu and Agent2 would have increased the amount of cavitating agent in
the skin layer of the oriented polymeric film structure of Liu over the upper limit of 20 weight
percent suggested by the reference. We agree with the examiner that the combined teachings of
these references would have reasonably suggested to one of ordinary skill in this art that the
amount of cavitating agent used in at least one of the skin layers of the oriented polymeric film
of Liu can be increased to an amount of more than 20 percent by weight as suggested by Agent
in the reasonably expectation of obtaining an increase in opacity, and we further determine that,
2 A discussion of Pike is unnecessary to our decision. See In re Jones, 958 F.2d 347, 349,
21 USPQ2d 1941, 1942 (Fed. Cir. 1992); In re Kronig, 539 F.2d 1300, 1302-04, 190 USPQ 425,
426-28 (CCPA 1976).
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