Ex Parte Schwark et al - Page 4

                Appeal 2006-2900                                                                                
                Application 10/683,531                                                                          
                the hydrophobicity and processability of polyolefin compositions, whereas                       
                Mehta's blend of high molecular weight and low molecular weight poly                            
                siloxanes reduces the coefficient of friction of polymeric films.                               
                       Appellants do not rebut the Examiner's legal conclusion that it would                    
                have been obvious for one of ordinary skill in the art to use the polysiloxane                  
                blend of Mehta in the outer layer of Blinka to improve processability and                       
                reduce the coefficient of friction.  Rather, Appellants explain that                            
                conventional packaging films containing antiblock/slip components "have                         
                relied on various inorganic antiblock agents in combination with amide wax                      
                slip agents,"1 and that they have "found that conventional amide wax usage                      
                in oxygen scavenging films has been shown to degrade the oxygen                                 
                scavenging performance of the film, e.g., oxygen scavenging rate, and also                      
                can negatively affect the organoleptic attributes of the film."2  Appellants                    
                further explain that "although conventional combinations of inorganic                           
                antiblock and fatty amide wax slip agents can be effective for producing an                     
                oxygen scavenging film with low COF, properties such as oxygen                                  
                scavenging rate, heat seal, and organoleptics were significantly degraded by                    
                the waxes."3  Hence, Appellants' solution to the stated problem is utilizing                    
                the claimed siloxane material in lieu of the amide wax of the prior art.                        
                       Appellants' argument fails to address the thrust of the Examiner's                       
                rejection, namely, the obviousness of using the claimed polysiloxane as the                     
                lubricant in the outer layer of Blinka to improve processability and reduce                     
                the coefficient of friction.  Indeed, as pointed out by the Examiner, Blinka                    

                                                                                                               
                1  Page 8 of Brief, second paragraph.                                                           
                2  Page 8 of Brief, third paragraph.                                                            
                3  Page 8 of Brief, fourth paragraph.                                                           
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