Appeal 2007-1906
Application 11/127,887
Claims 15-18, 20-22, and 24-34
Representative claim 26 requires a multilayer film including a base
layer and two skin layers. One skin layer overlies the upper surface of the
base layer and the other skin layer underlies the lower surface of the base
layer. Each of the skin layers comprises a blend of a polyethylene with at
least one propylene polymer (either homopolymer or copolymer).
The Examiner has found that Freedman describes a machine direction
oriented multilayer film including a core (base) layer and two tie (skin)
layers (Answer 3, 6, and 7). The Examiner has found that the base layer of
Freedman comprising a blend of polypropylene homopolymer and
copolymer (Answer 3). Also, the Examiner has determined that the tie layer
of Freedman is part of the skin layer and comprises a blend of a
polyethylene and polypropylene, including propylene homopolymer
(Answer 3).
Appellant does not dispute that the multilayer film of Freedman has
been oriented in the machine direction with a stretch ratio and includes a
base layer as claimed. Nor does Appellant contend that Freedman’s film
does not possess dimensional stability imparted thereto by heat or annealing.
Nor does Appellant contend that the tie layer of Freedman does not include a
polypropylene homopolymer and polyethylene. Rather, Appellant contends
that the tie layer of Freedman is not part of the skin layer. Thus, it is
contended that Freedman does not disclose a multilayer film with skin layers
comprised of polyethylene and a propylene homopolymer, as required by
representative claim 26.
Thus, the main issue raised in this appeal with respect to the
Examiner’s anticipation rejection of representative claim 26 is: has
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