Ex Parte Schwark et al - Page 2

                Appeal 2006-2900                                                                                
                Application 10/683,531                                                                          


                       1.  A multilayer film comprising:                                                        
                       a)  a first and second outer layer each comprising a polymer; and                        
                       b)  an internal layer comprising an oxygen scavenger;                                    
                wherein at least one of the first and second outer layers comprises a blend                     
                of:                                                                                             
                             i)  a polymer                                                                      
                             ii)  a siloxane having a viscosity of from 1 x 107 centistokes to 5                
                       x 107 centistokes, and                                                                   
                             iii)  an antiblock agent;                                                          
                wherein the kinetic coefficient of friction (film surface to film surface) of the               
                film is 0.5 or less (ASTM D 1894-99); and                                                       
                wherein the average oxygen scavenging rate of the film is at least 20                           
                cc/m2/day four days after an oxygen scavenging property of the film is                          
                activated.                                                                                      
                       The Examiner relies upon the following references as evidence of                         
                obviousness:                                                                                    
                Peiffer   US 5,681,650  Oct. 28, 1997                                                           
                Hauenstein    US 5,708,084  Jan. 13, 1998                                                       
                Blinka   US 5,834,079  Nov. 10, 1998                                                            
                Mehta   US 6,080,489  Jun. 27, 2000                                                             

                       Appellants' claimed invention is directed to a multilayer film                           
                comprising first and second outer layers and an internal layer comprising an                    
                oxygen scavenger.  At least one of the outer layers comprises a blend of a                      



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