Appeal 2007-2915
Application 10/151,637
Application, under 35 U.S.C. § 103(a). We have jurisdiction under 35
U.S.C. § 6(b). We AFFIRM.
The claimed subject matter relates to a plastic container containing
glycerol monostearate (“GMS”) at levels above about 4,000 ppm added only
to its inner surface layer. Claim 17 is illustrative and reads:
A plastic container for containing a food product,
said container comprising integral sidewalls and a
bottom portion defining a compartment to contain
the food product and having at least an interior
layer for contacting the food product and an
exterior layer, wherein the interior layer is about
0.01 to about 1 microns thick, and wherein only
the interior layer comprises a plastic composition
containing about 4000 to about 8000 ppm glycerol
monostearate, whereby the food product can be
released and removed from the compartment as an
integral unit.
The Examiner has relied on the following references2 as evidence of
unpatentability:
Schwarz US 5,017,436 May 21, 1991
Wilkie US 6,022,612 Feb. 8, 2000
Schwarz and Wilkie qualify as prior art under 35 U.S.C. § 102(b). The
Examiner has rejected claims 17-22 under 35 U.S.C. § 103(a) as obvious
over the combined teachings of Schwarz and Wilkie.
Appellants have not argued the patentability of any of claims 17-22
separately. Therefore, we decide this appeal on the basis of claim 17. 37
C.F.R. § 41.37(c)(1)(v).
2 No references to et al. are made in this Decision.
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013