Ex Parte Reiners et al - Page 2

                Appeal 2006-2335                                                                               
                Application 09/851,460                                                                         

                claim and any intervening claims (Answer 2).1  We have jurisdiction                            
                pursuant to 35 U.S.C. § 134.                                                                   
                      According to Appellants, the invention is directed to a multilayer                       
                barrier film which has a paper-like appearance and is suitable for thermo-                     
                forming and sealing, particularly on form-fill-seal (FFS) machines, so that                    
                the multilayer barrier film can be easily processed into packages for                          
                perishable foods (Br. 1).  Independent claim 1 is illustrative of the invention                
                and is reproduced below:                                                                       
                      1. A multilayer barrier film comprising a filled layer based on                          
                      polypropylene and a plurality of unfilled layers, wherein the filled                     
                      layer is filled with 40-75 weight %, based on the total weight of the                    
                      filled layer, of an inorganic filler, forms one of the two surface layers                
                      of the film, and has a thickness of 40 µm to 400 µm, the unfilled                        
                      layers comprising at least a barrier layer and sealing layer and                         
                      optionally at least one adhesive layer, and the ratio of the total                       
                      thickness of the unfilled layers to the thickness of the filled layer                    
                      being from 1:8 to 1:1.2, wherein the sealing layer forms the other of                    
                      the two surface layers of the film and the barrier layer is sandwiched                   
                      between the filled layer and the sealing layer.                                          
                      The Examiner has relied on the following references as evidence of                       
                obviousness:                                                                                   
                Farrell                                            US 4,526,823                       Jul. 02, 1985
                Hattori                                           US 4,567,089                       Jan. 28, 1986
                Miyazaki                                       US 4,578,296                       Mar. 25, 1986
                Blemburg                                      US 5,108,844                       Apr. 28, 1992 
                Bochow                                         US 5,449,552                       Sep. 12, 1995
                Rosen                                            US 5,635,011                       Jun. 03, 1997
                                                                                                              
                1 We refer to and cite from the substitute Examiner’s Answer dated Feb. 01,                    
                2006.                                                                                          
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