Appeal 2007-0404
Application 10/684,611
as a foam with foam cells containing carbon dioxide (Br. 2). Independent
claim 1 is representative of the invention and is reproduced below:
1. A container, comprising:
a first layer of plastic; and
a second layer of plastic contacting said first layer, said second layer
of plastic formed as a foam wherein the form cells contain carbon dioxide.
The Examiner has relied on the following references as evidence of
unpatentability:
Haase US 3,684,633 Aug. 15, 1972
Park US 5,149,579 Sep. 22, 1992
Kocher US 5,919,547 Jul. 06, 1999
Hayes US 6,485,819 B2 Nov. 26, 2002
ISSUES ON APPEAL
Claims 1, 2, 5, 8-13, 16-19, and 22 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by Park (Answer 3). Claims 1-11, 22, and 23 stand
rejected under 35 U.S.C. § 102(e) as anticipated by Hayes (id.).
Claims 3, 4, 6, 7, 14, 15, 20, 21, and 23-25 stand rejected under
35 U.S.C. § 103(a) as unpatentable over Park in view of Hayes (Answer 4).
Claims 12-17 and 24 stand rejected under § 103(a) over Hayes in view of
Park (Answer 5). Claims 18-21, and 25 stand rejected under § 103(a) as
unpatentable over Hayes in view of Haase (Answer 6). Claims 1-11, 22, and
23 stand rejected under § 103(a) as unpatentable over Kocher in view of
Hayes (Answer 7).1
1 The rejection of claims 8 and 9 under the second paragraph of 35 U.S.C.
§ 112 has been withdrawn by the Examiner (Answer 2-3).
2
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