Ex Parte Jud et al - Page 4




            Appeal No. 2006-1061                                                                               
            Application No. 09/505,713                                                                         

            foil and on both sides of the barrier layer at least one functional layer.   Claim                 
            38, which is representative of the claimed invention, appears below:                               
                         38. A sterilizable composite film containing a barrier layer                          
                  that is impermeable to water vapor and gases comprising a metal                              
                  foil and on both sides of the barrier layer at least one functional                          
                  layer, the composite film having a layer structure containing one                            
                  on top of the other in the following sequence:                                               
                         (a) a first functional layer containing a plastic film that is a                      
                  polyester, a polyamide, or a polyolefin, or an extrusion layer of a                          
                  polyolefin, or one or more lacquer layers, or print and lacquer                              
                  layers, or print layers;                                                                     
                         (b) a metal foil having a thickness of 5 to 100 pm; and                               
                         (c) a second functional layer containing a plastic layer that                         
                  is a layer comprising a coextrusion-coated, a coextruded, and/or                             
                  an extrusion-laminated film having a sequence of a first                                     
                  polypropylene layer, a polyamide layer, and a second                                         
                  polypropylene layer, said first polypropylene is directly bonded to                          
                  metal foil (b) or is bonded to metal foil (b) by means of a bonding                          
                  agent layer or a laminate adhesive layer, and, optionally, a primer                          
                  layer is on at least one surface of metal foil (b).                                          
                  The Examiner rejected claims 38-43 as anticipated by Breitler.  Claim 38                     
            is directed to a sterilizable composite film containing a barrier layer that is                    
            impermeable to water vapor and gases comprising a metal foil and on both                           
            sides of the barrier layer at least one functional layer.  The composite film has                  
            a layer structure containing layers one on top of the other in a specific                          
            sequence.                                                                                          




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