Appeal No. 2007-1111 Page 4
Application No. 10/126,804
The examiner also finds that Wilcox teaches that metal flakes “may be
provided in the injection moldable material for the purpose of acting as a
reinforcing filler to the plastic.” Answer, page 5. In this regard, the examiner
finds that Akao teaches “that metal flake filler is almost as preferable as carbon
black in providing light shielding to a container.” Id.
Based on this evidence, the examiner finds (Answer, page 5), it would
have been prima facie obvious to a person of ordinary skill in the art at the time
the invention was made to make the ‘653 container by injection molding as
taught by Wilcox. As Wilcox teaches that aluminum flake provides a reinforcing
property to the plastic, the examiner finds that it would have been prima facie
obvious at the time of appellants’ claimed invention to include “aluminum flake in
the injection molded material to provide a reinforced property to the plastic. . . .”
Id. In addition, the examiner finds (id.) that Wilcox teaches the use of a “material
with a light shield to prevent any light (i.e. in any wavelength) from getting to the
adhesive.” As Akao teaches that the aluminum flake suggested by Wilcox has
the additional property of shielding light transmission, a person of ordinary skill in
the art would have been further motivated to include aluminum flake in the plastic
to contribute to the light shielding properties of the plastic. Id.
2
We find no error in the examiner’s prima facie case of obviousness.
For their part, appellants assert that “‘653 does not teach that there is a
problem with light transmission or the rigidity of the containers. As a result, there
is no reason to substitute the optional reinforcing metal flakes of Wilcox et al. for
2 We recognize the examiner’s reliance on Keller (Answer, page 5-6), to teach the inclusion of
aluminum particulates to prepare packaging film with high opacity. In our opinion, Keller is
cumulative to the teachings of Akao and Wilcox.
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