Ex Parte Ramesh et al - Page 5



          Appeal No. 2006-0680                                                                        
          Application No. 10/041,129                                                                  

          shrinkable multilayer film.  To account for this shortcoming, the                           
          examiner turns to Bauer.                                                                    
               Bauer pertains to multilayer packaging films particularly                              
          suited for food products.  For purposes of the rejection, the                               
          examiner focuses on the embodiment shown in Figure 2, a heat-                               
          shrinkable multilayer film 13 composed of an inside product-                                
          contacting layer 14, an outside heat-resistant abuse layer 15 and                           
          a plurality of internal layers 16-19.  Bauer’s description of                               
          these layers indicates that each can be made from a variety of                              
          materials as long as certain parameters are met.                                            
               Combining the admitted prior art and Bauer to reject claim                             
          1, the examiner submits that it would have been obvious                                     
                    to have modified the method set forth in [the                                     
                    admitted prior art] by having substituted the                                     
                    bag structure disclosed in Bauer et al. for                                       
                    the bag disclosed in [the admitted prior art]                                     
                    because the substitution of one old and well                                      
                    known bag structure for another old and well                                      
                    known bag structure is routine in the art                                         
                    [answer, page 4].                                                                 
               The examiner allows, however, that even as so modified in                              
          view of Bauer, the admitted prior art still would not respond to                            
          certain of the bag limitations in claim 1 including the one                                 

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