Appeal 2006-0153
Application 10/082,635
STATEMENT OF THE CASE
The subject matter on appeal is directed to a process for making a
cushioning article employing a recycled polyester oxygen (gas) barrier layer
(Specification 1). This process is said to satisfy the Appellants’ desire to
employ a less expensive polymer as an oxygen barrier layer (Specification
2). Further details of the appealed subject matter are recited in
representative claim 12 reproduced below:
12. A process for making a cushioning article,
comprising the steps of:
(A) extruding a first multilayer film having first and
second outer layers each of which contains an olefin-based
polymer, and an inner O2-barrier layer; and
(B) extruding a second multilayer film having first and
second outer layers each of which contains an olefin-based
polymer, and an inner O2-barrier layer; and
(C) adhering the first and second multilayer films to one
another so that a plurality of cells are formed; and
wherein the inner O2-barrier layer of the first multilayer film, or
the inner O2-barrier layer of the second multilayer film, contain
recycled polyester.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references:
Chavannes US 3,294,387 Dec. 27, 1966
Kawakami US 3,954,368 May 4, 1976
Lewicki US 4,076,872 Feb. 28, 1978
Larson US 4,096,306 Jun. 20, 1978
Ottaviano US 4,314,865 Feb. 9, 1982
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