Appeal No. 2006-0680
Application No. 10/041,129
calling for the third layer to comprise “at least one member
selected from the group consisting of amorphous polyester and
polyester having a melting point of from about 130°C to about
260°C. The appellants’ specification (see, for example, pages
25-27) indicates that such a layer, when used in conjunction with
the fourth outside layer specified in the claim, contributes
significantly to desirable bag characteristics such as high
impact strength, superior film optics and grease-resistance,
facile orientation and high free shrink. To deal with the lack
of any ostensible teaching or suggestion in Bauer of a “third”
layer made from the particular polyesters recited in claim 22,
the examiner points to the internal layer 18 in Bauer’s
multilayer film 13 and concludes that it further would have been
obvious “to have employed a polyester as the third layer having a
melting point of from about 130°C to about 260°C, since it has
been held that discovering an optimum value of a result effective
variable involves only routine skill in the art” (answer, pages 4
and 5).
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