Appeal No. 2006-1061
Application No. 09/505,713
Appellants have presented the declaration of Breitler to discuss the
descriptions appearing in column 4 of the cited U.S. Patent No. 5,589,275
(Breitler). The declarant states
Such text [column 4, lines 9-13] is not discussing the plastic
layers by themselves but only as components in the structure of
the basic composite material. The use of the phrase “outer lying
sealable layer” refers only to the outside surfaces of the basic
composite material (i.e., the outside surface of each of the
plastic layers). The words “outer lying” refer only to the side of
each of the plastic layers away from the metal foil.” (Paragraph
6)
Such text [column 4, lines 36-45] only discusses the basic
composite material, placement of a sealable layer on the outer
or outside surface of at least one of the plastic layers in the basic
composite method. Such text does not refer to one or both of
[the] sides of a plastic layer (in the composite material) having a
sealable layer thereon—such is not part of the invention
described in U.S. Patent No. 5,589,275. (Paragraph 7).
The statements of the declarant are not persuasive of patentability.
The declarant did not indicate that the description of Breitler was not
suggestive of treating each layer of the composite independent of other
layers. A person of ordinary skill in the art would have reasonably interpreted
the description of Breitler as suggesting that the plastic (polyamide) layer was
formed from composites of two or more layers. A person of ordinary skill in
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