Appeal No. 2006-1061
Application No. 09/505,713
least one side i.e. each layer of polyamide-based thermoplastic
may be covered with a sealable layer on one or both sides,
independent of the other layers. [Column 4, lines 36-45].
(Emphasis added)
Breitler teaches a person of ordinary skill in the art, from the above
cited portions of the disclosure, inter alia, that the plastic (polyamide) layer
may be composites of two or more layers and that the sealing of the plastic
layer on one or both sides is independent of the other layers. As such, a
person of ordinary skill in the art would have reasonably expect that both
sides of the plastic layer described by Breitler could have been encased by
sealing layers. "For obviousness under ' 103, all that is required is a reasonable
expectation of success." In re O'Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673,
1681 (Fed. Cir. 1988). This is especially true in the present case because
Breitler, like the present application, adheres the materials of the sealing layer
to the metal foil layer. (See column 5). Consequently, a person of ordinary
skill in the art would have recognized that if the sealing layers were applied
to both sides of the polyamide layer the (encased) plastic layer would have
been suitable for bonding to the metal layer.
-9-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007