Ex Parte Schwark et al - Page 1

                          The opinion in support of the decision being entered today                            
                                    is not binding precedent of the Board.                                      

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                              BEFORE THE BOARD OF PATENT APPEALS                                                
                                          AND INTERFERENCES                                                     
                           Ex parte DWIGHT W. SCHWARK and DREW SPEER                                            
                                              Appeal 2007-1890                                                  
                                           Application 10/444,624                                               
                                           Technology Center 1700                                               
                                           Decided:  July 31, 2007                                              
                Before CHARLES F. WARREN, THOMAS A. WALTZ, and                                                  
                LINDA M. GAUDETTE, Administrative Patent Judges.                                                
                WALTZ, Administrative Patent Judge.                                                             

                                          DECISION ON APPEAL                                                    
                       This is a decision on an appeal under 35 U.S.C.  134 from the                           
                Primary Examiner’s final rejection of claims 1-3, 5-8, and 18, which are the                    
                only claims pending in this application.  We have jurisdiction pursuant to                      
                35 U.S.C.  6(b).                                                                               
                       According to Appellants, the invention is directed to a multilayer film                  
                comprising a first outer layer of a blend of a polymer and an antifog agent;                    
                an internal layer comprising an oxygen scavenger; a second outer layer                          

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