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). 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013