Appeal No. 2006-1960
Application No. 10/380,877
According to appellants, the invention is directed to
packaging laminates of multilayer structures including a core
layer, one or more gas barrier layers, one or more liquid tight
layers, a binder/adhesive layer and a layer of a lamination or
sealing agent, where the lamination agent is a polypropylene with
a melting point of above 130°C. (Brief, pages 2-3). Claim 1 is
illustrative of the invention and is reproduced below:
1. A packaging laminate for a retortable packaging
container, comprising a core layer, outer, liquid-tight
coatings and a gas barrier disposed between the core
layer and one outer liquid-tight coating, wherein the gas
barrier is bonded to the core layer by a layer of a
lamination or sealing agent which has a higher melting
point than a maximum temperature to which the retortable
packaging container is to be subjected during a heat
treatment in a retort, and wherein the core layer is a
paper or paperboard layer, wherein the lamination or
sealing agent is a polypropylene with a melting point of
above 130°C.
The examiner has relied on Kato et al. (Kato), U.S. Patent No.
5,527,622, issued Jun. 18, 1996, as the evidence supporting the
rejections on appeal (Answer, page 3). Claims 1, 5-7, and 9-10
stand rejected under 35 U.S.C. § 102(b) as anticipated by Kato
(Answer, page 4). Claims 1, 4-7, and 9-11 stand rejected under
35 U.S.C. § 103(a) as unpatentable over Kato (Answer, page 6).
2
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