Appeal Number: 2006-2894
Application Number: 10/375,188
sides and a bottom bridging the sides so as to form an open
mouth and an interior space for collecting items (figures 1
and 3-7).
Cappuzzo discloses a flexible, polymeric, animal repellent
trash bag having deodorizing and animal repellent granules (21
and 22) in a compartment that is attached to an interior
surface (17) of a trash bag (10) and covered by a strip (18)
(col. 3, lines 45-63; figure 5). When the cover strip is pulled
away, some granules (21) are freely distributed inside the bag
and other granules (22) having a similar composition are
adhesively secured to the trash bag’s interior surface (col. 3,
line 63 – col. 4, line 4; figure 4).
The appellants argue that Lin does not disclose a barrier
layer (brief, page 6). The appellants do not define “barrier
layer”. What the appellants provide is the barrier layer’s
function: “The barrier layer assists in keeping the odor-masking
and/or neutralizing material in communication with the interior
of the bag or liner and, thus, assists in preventing or
inhibiting the odor-masking and/or neutralizing material from
permeating through the body panel” (specification, page 12,
lines 29-32). The appellants’ specification states that the
barrier layer “comprises a polymeric material such as an
ethylene vinyl alcohol (EVOH), polyvinylidene chloride layer
4
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