Appeal 2007-2915
Application 10/151,637
II. Findings of Fact ("FF")
The following findings of fact and any set forth in the Discussion are
supported by a preponderance of the evidence. To the extent any "finding of
fact" is a conclusion of law, it should be so treated.
A. Appellants' Specification
[1] Many food products are conveniently packaged in plastic containers
(Specification at 1:12-13).
[2] However, some foods, such as cream cheese, are said to “stick” to the
plastic surfaces of the containers (Specification at 1:13-15).
[3] According to the Specification, plastic containers containing more
than about 4,000 ppm GMS in at least their inner surfaces have
improved release characteristics (Specification at 1:3-10 and 2:12-23).
[4] The GMS is said to act as a “release agent” to facilitate removal of
food products from the container (Specification at 1:6-8 and 2:22-23).
[5] For example, according to the Specification, “cream cheese can be
dispensed in a single block form simply by flexing the plastic
container by hand and/or light thumb pressure on the bottom of the
plastic container” (Specification at 2:23-25).
[6] The plastic container is preferably formed from polypropylene,
polyethylene, polyester, polystyrene or mixtures thereof (Specification
at 3:22-24).
[7] If only an inner layer of the container, i.e., a food-contacting layer,
contains GMS, the layer is generally about 0.01 to about 1 micron
thick (Specification at 4:19-21).
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