Appeal No. 2006-0715 Application No. 09/757,175 by the examiner as directed to a non-elected invention (Brief, page 4). We have jurisdiction pursuant to 35 U.S.C. § 134. According to appellants, the invention is directed to a multi-layered colored polymeric film comprising an opaque core layer and a first skin layer, where the opaque core layer comprises a thermoplastic material, the skin layer comprises a thermoplastic material with a coloring agent, and each layer of the film is substantially free of voids (Brief, page 6). Independent claim 1 is illustrative of the invention and is reproduced below: A multi-layered colored polymeric film comprising: (a) an opaque core layer comprising a thermoplastic material, said core layer having a first side and a second side; and (b) a first skin layer comprising a thermoplastic material with a coloring agent, wherein said first skin layer is adjacent to the first side of the core layer; wherein each layer of said film is substantially free of voids. The examiner has relied upon the following references as evidence of obviousness: Park et al. (Park) 4,758,462 Jul. 19, 1988 Wilkie et al. (Wilkie) 5,443,915 Aug. 22, 1995 The claims on appeal stand rejected under 35 U.S.C. § 103(a) as unpatentable over Park in view of Wilkie (Answer, page 3). We reverse the rejection on appeal essentially for the reasons stated in the Brief, as well as those reasons set forth below. OPINION 2Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007