Appeal No. 2006-1061
Application No. 09/505,713
Appellants have also presented court and Board decisions on it
being in error to take portions of a prior art reference out of
context. Further, appellants have presented quotations from
documents from the prosecution/examination of Breitler et al. to
support appellants' position. [Brief, p. 5].
Appellants further argue, Brief page 13, that “[a]ll references to sealing
layers in such text [of column 4] are exclusively to sealing layers, located on
the outer surfaces of the composite material, i.e. on the outer surface of the
plastic layers of the composite material.”
Appellants' argument is not persuasive. Breitler provides an extensive
discussion of the various layers that form the described composite material.
(See columns 2-7). Regarding the plastic layer, Breitler discloses:
The plastic layers may include e.g. monofilms or monolayers
and composites of two or more films or layers of plastics such as
polyamides, polyamide mixtures or mixed, block, grafted or
copolyamides. [Column 3, lines19-22] . . . .
The plastic layers on both sides of the metal layer, in
particular the polyamide-based thermoplastics may additionally,
and independent of each other, be provided with an outer lying
sealable layer and/or a barrier layer of thermoplastics. [Column
4, lines, 9-13] . . . .
A single or double-sided sealable composite is obtained by
single or double-sided coextrusion of the plastic layers with e.g. a
polypropylene/polyethylene copolymer.
In that connection it is useful for the plastic layers to contain
or comprise of a polyamide-based thermoplastic and at least one
a polyamide-based thermoplastic to feature a sealing layer on at
-8-
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