Appeal 2007-2915
Application 10/151,637
gauge (i.e., about 0.508 to about 5.08 microns) or of about 1 to about
20 gauge (i.e., about 0.254 to about 5.08 microns), respectively
(Wilkie at col. 6, ll. 11-30).
[15] If the skin layer is used as a matte-finish cold seal release layer, it is
required to contain a sufficient amount of a slip agent(s) to
significantly decrease the friction of the layer and increase release
properties (Wilkie at col. 4, ll. 32-36).
[16] Suitable slip agents include GMS, which may be present in amounts
up to 10,000 ppm (Wilkie at col. 5, ll. 50-57).
D. The Rejection
[17] The Examiner found that Schwarz discloses a plastic food container
comprising an ethylene-polypropylene random copolymer interior
surface containing GMS and that this disclosure meets the claim
limitation that only the interior layer of the container contains GMS
(Answer3 at 3).
[18] The Examiner found that Schwarz failed to disclose either the
thickness of the interior ethylene-polypropylene random copolymer
layer or the amount of GMS used (Answer at 3).
[19] The Examiner reasoned that one of ordinary skill in the art would
have looked to teachings in the prior art of GMS-containing
polypropylene packaging materials known to be useful in food
packaging to construct Schwarz’s multilayered container (Answer at
4).
3 Examiner's Answer ("Answer") mailed 26 February 2007.
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