Appeal No. 2006-1117 Page 2
Application No. 10/461,308
of poly(ethylene terephthalate)(PET)(Brief, page 2). Illustrative
claim 1 is reproduced below:
1. A multilayer film comprising at least a first
resin layer and a second resin layer wherein the first
resin layer comprises poly (1,3-propylene 2,6-
naphthalate) and the second resin layer comprises poly
(ethylene terephthalate).
The examiner has relied upon the following references as
evidence of unpatentability:
Rayburn 5,055,965 Oct. 08, 1991
Marotta et al. (Marotta) 5,888,640 Mar. 30, 1999
Claim 1 stands rejected under 35 U.S.C. § 102(b) as
anticipated by Rayburn (Answer, page 3). Claims 2 and 3 stand
rejected under 35 U.S.C. § 103(a) as unpatentable over Rayburn in
view of Marotta (id.).
We affirm both rejections on appeal essentially for the
reasons stated in the Answer, as well as those reasons set forth
below.
OPINION
A. The Rejection under § 102(b)
The examiner finds that Rayburn discloses a multilayer film
comprising at least a first resin layer and a second resin layer,
where the first resin layer comprises PPN and the second resin
layer comprises PET (Answer, page 3). Therefore the examiner finds
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