Appeal 2007-2060
Application 09/945,318
[I]t would have been obvious to include a metallized polymeric
layer as the moisture barrier and a substrate of polyethylene, in
addition to an oxygen barrier, antioxidants, as recited in claim
63, or even layers of aluminum oxide coated polyethylene,
polyester, glass or ceramic, and a polyester seal interior of the
aluminum oxide coated polyethylene layer since Miyake et
al. teaches these oxygen moisture barriers film-based food
packages will have sufficient mechanical strength and provide
good preservation for dry foods. (Compare Answer 16-17, with
Br. 21-22).
Rather, the Appellants rely on the same arguments raised in the
REJECTION (1) above. Therefore, based on the factual findings set forth
in the Answer and above, we determine that the preponderance of evidence
weighs most heavily in favor of obviousness of the subject matter claimed
within the meaning of 35 U.S.C. § 103.
ORDER
In view of the forgoing, the decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
sld/ls
JOHN A. O’TOOLE
GENERAL MILLS, INC.
NUMBER ONE GENERAL MILLS BLVD.
P.O. BOX 1113
MINNEAPOLIS, MN 55440
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