Ex Parte Speer et al - Page 2



                 Appeal No. 2006-0589                                                                                                              
                 Application No. 09/860,388                                                                                                        

                 an oxygen scavenger; wherein the first outer surface comprises a                                                                  
                 radiation-curable printed image.                                                                                                  
                         The examiner relies upon the following references in the                                                                  
                 rejections of the appealed claims:                                                                                                
                 Arney et al. (Arney)                                  4,482,624                           Nov. 13, 1984                           
                 Speer et al. (Speer)                                  5,350,622                           Sep. 27, 1994                           
                         Independent claim 22 on appeal is directed to a multilayer                                                                
                 film comprising a first outer surface having a printed image and                                                                  
                 a radiation-curable varnish covering at least a portion of the                                                                    
                 image.  Independent claim 27 is drawn to a multilayer film having                                                                 
                 a first outer surface comprising a radiation-curable printed                                                                      
                 image and a layer comprising an oxygen scavenger, with no mention                                                                 
                 of a varnish covering the printed image.                                                                                          
                         Appealed claims 22, 24-27 and 29-32 stand rejected under                                                                  
                 35 U.S.C. § 102(b) as being anticipated by Arney.  Claims 23 and                                                                  
                 28 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                                                                  
                 over Arney in view of Speer.                                                                                                      
                         We consider first the examiner's rejections of claims 22-26,                                                              
                 31 and 32.   These claims all require a radiation-curable varnish1                                                                                                                
                 covering at least a portion of the printed image on the outer                                                                     
                 surface of the multilayer film.  According to the examiner,                                                                       


                         1We note that appellants do not separately argue the § 102                                                                
                 and § 103 rejections.                                                                                                             
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