Appeal No. 2006-1061
Application No. 09/505,713
the art would have also reasonably interpreted that the description of Breitler
suggested that the plastic (polyamide) layer contained sealing layers on
both sides, independent of the other layers in the composite material.3 It is
well settled that a prior art reference is relevant for all that it teaches to those
of ordinary skill in the art. See In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d
1780, 1782 (Fed. Cir. 1992). The intention of the patentee not to include
specific subject matter in the described patent does not detract from the
suggestive teachings therein.
The Examiner cited the Ullmann reference for teaching that the
formation of plastic multilayer films by the process of extrusion laminating,
lamination coating, coextrusion and laminating with adhesives were known.
(Answer, p. 5). Breitler discloses the processes such as those described in
Ullmann are suitable for forming composite materials used in packaging.
(Column 6, lines 21-24). Thus, Appellants’ arguments that there is no
motivation to combine Breitler and Ullmann, Brief pages 27, 32 and 33, are
not persuasive.
3. We note that Appellants’ interpretation of the description of Breitler as having a
sealing layer on the outside surfaces of the basic composite material is also consistent with
the description of the reference.
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