Appeal No. 2006-1760
Application No. 09/728,697
We consider first the examiner’s rejection over Riddell in
view of Osborn. There is no dispute that Riddell discloses the
use of the presently claimed tearable tape strip that is defined
by opposing longitudinal edges and has a central section that is
tearable relative to the longitudinal edges. While Riddell
discloses that the packaging material maybe polyethylene films
(column 2, line 16), the reference is silent with respect to the
film’s puncture-propagation tear resistance value. However, as
set forth by the examiner, Osborn evidences the conventionality
of polyethylene films having the recited puncture-propagation
tear resistance used as packaging materials for shipping
products. Accordingly, based on the combined teachings of
Riddell and Osborn, we fully concur with the examiner that “it
would have been obvious to select a polyethylene film of at least
20N/ply since Riddell teaches the film must be durable and strong
enough for shipping and Osborn teaches the conventional
commercial polyethylene film package (i.e. commercial bags) that
is durable strong enough for shipping has a PPT value of at least
20 N/ply” (Page 4 of answer, second paragraph.”
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