Appeal 2006-2805
Application 09/843,990
In addition to the admitted prior art represented by Nishimoto (US
5,446,549), the Examiner relies upon the following references as evidence of
obviousness:
Gill US 3,919,033 Nov. 11, 1975
Oberle US 4,469,742 Sep. 4, 1984
Appellants' claimed invention is directed to a process for packaging a
product in a flexible, heat-shrinkable bag. The bag comprises a multi-layer
film comprising a first layer of polyolefin, which is an inside bag layer, a
second polymeric layer, a third layer comprising a polyamide having a
melting point of 160ºC and below, and a fourth outside bag layer comprising
a polyester. According to Appellants' Specification, they "have discovered
that we can produce a film having an outer polyester layer and an inner layer
of polyamide having a melting point within the temperature range of 160ºC
and below, while obtaining a film of relatively uniform thickness, relatively
uniform dimensions, and with a relatively uniform load on the extruder"
(page 2 of Specification, last paragraph). The Specification contrasts the
inner polyamide layer of the present invention with the inner polyamide
layer of the admitted prior art disclosed in Nishimoto. The Specification
relates that the film of the present invention has a lower melting polyamide
than the polyamide of Nishimoto, exhibits improved heat-shrinkability over
the film of the Nishimoto patent "in that it can be oriented at a lower
temperature, thereby providing our film with the ability to shrink at a lower
temperature [which] is most advantageous in the packaging of heat-sensitive
products, such as food products, especially fresh meat products, which an be
scorched or otherwise discolored by exposure to heat utilized to shrink the
film tightly against the meat" (page 3 of Specification, first paragraph).
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