Appeal Number: 2006-2894
Application Number: 10/375,188
(PVDC), polyester, nylon, cyclic olefin copolymers or
combinations thereof” (page 12, lines 10-12). Because this list
is merely exemplary, it indicates that polymeric materials in
general are suitable as backing layers. Thus, it reasonably
appears that Lin’s backing layer (18, 618, 718), which is
nonpermeable and also is plastic (col. 2, lines 50-51; col. 3,
lines 7-8),2 can function as a barrier layer, i.e., it can assist
to at least some extent in preventing the insecticide or insect
repellent from permeating through the trash bag wall.
The appellants argue that “Lin’s disclosure of using an
insecticide, repellant, or poisonous substance coated on the
surface does not appear to have a need for a barrier layer”
(brief, page 7). Regardless of whether Lin needs a barrier
layer, it reasonably appears that because Lin’s only disclosed
backing plate material is nonpermeable and plastic (col. 2,
lines 50-51; col. 3, lines 7-8), the backing plate, like the
appellants’ polymeric layer (specification, page 12, lines 10-
12), functions as a barrier layer to at least some extent.
The appellants argue that Lin does not disclose a first
layer including an odor-masking and/or neutralizing agent
(brief, page 6). The appellants are interpreting their claim 1
2 The backing plate 618 and 718 material is not disclosed. However, because
the only disclosed backing plate material is plastic (col. 3, lines 7-8), it
reasonably appears that those backing plates are plastic.
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