Appeal 2007-0404
Application 10/684,611
suggestion to combine the references as proposed in the rejections on appeal
based on § 103(a)?
We determine that the Examiner has established that the foam cells of
Park and Hayes contain an amount of carbon dioxide that falls within the
scope of the claims on appeal. We also determine that the Examiner has
established sufficient motivation to combine the references as proposed in
the rejections on appeal. Therefore, we determine that the Examiner has
established a prima facie case of anticipation and obviousness, which has not
been adequately rebutted by Appellant’s arguments. Accordingly, we
AFFIRM all rejections on appeal essentially for the reasons stated in the
Answer, as well as those reasons set forth below.
OPINION
A. The Rejections based on § 102
We determine the following factual findings from the record in this
appeal regarding Park and Hayes:
(1) Park discloses polypropylene foam sheets and a process for their
manufacture, with the sheets used in packaging and service
applications such as trays, plates, and containers (col. 1, ll. 9-13;
col. 4, ll. 8-12);
(2) Park discloses a method of forming the foam sheet where a
physical blowing agent is injected into the plasticated mixture of
polypropylene resin and a nucleating agent (col. 4, ll. 46-55; col.
5, ll. 22-33);
4
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