Appeal 2006-2814
Application 10/331,582
(b) a core layer comprising polypropylene and a second cavitating
agent, wherein the core layer has a first side and a second side, and the first
side of the core layer is adjacent to the second side of the first skin layer; and
(c) a second skin layer comprising polypropylene, wherein the second
skin layer has a first side and a second side, the first side of the second skin
layer is adjacent to the second side of the core layer, and the second side is
metallized,
wherein said second cavitating agent has a median particle size of 2
microns or more,
and further wherein, prior to metallization, said second skin layer has
a surface roughness Ra of from 0.3 to 1.3 microns, and wherein said
metallized surface has a less bright mirrored appearance than a comparative
metallized thermoplastic label of identical structure, except that the
comparative metallized thermoplastic label has a second cavitating agent
with a median particle size of 1.5 microns or less, and except that the
comparative metallized thermoplastic label, prior to metallization, has a
second skin layer with a surface roughness Ra of from 0.1 to 0.3 microns.
The Examiner relies on the following prior art references to show
unpatentability:
Marotta US 5,888,640 Mar. 30, 1999
Marks US 2001/0036542 A1 Nov. 1, 2001
The rejections as presented by the Examiner are as follows:
1. Claims 4 and 5 are rejected under 35 U.S.C. § 112, ¶ 1.
2. Claims 1, 3-7, 11-15, and 17 are rejected under 35 U.S.C § 103(a) as
unpatentable over Marks in view of Marotta.
We reverse as to both grounds of rejection.
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