Appeal 2007-2915
Application 10/151,637
[20] The Examiner found that Wilkie discloses packaging films comprising
an ethylene-polypropylene random copolymer containing 0 to 10,000
ppm GMS with a thickness of 2 to 20 gauge (Answer at 3).
[21] The Examiner further found that “Wilkie specifically states that the
film disclosed therein is useful as a surface layer in multilayer
packaging systems” (Answer at 4).
[22] The Examiner concluded that it would have been obvious to use
Wilkie’s film to produce Schwarz’s multilayered container with a
GMS concentration on the inside surface only, as instantly claimed
(Answer at 4).
[23] The Examiner found that the Schwarz/Wilkie container meets the
structural limitations of the container of claim 17 and thus the
Schwarz/Wilkie container “if holding a food product, would also
provide for that food product to be easily released and removed from
the container” absent evidence or arguments to the contrary (Answer
at 4).
E. Appellants’ Counterarguments
[24] Appellants contend that while Schwarz might suggest that GMS helps
to release nested plastic containers, Schwarz does not teach or suggest
that GMS helps to release food products (Appeal Br. at 8; Reply Br.4
at 4 and 7).
[25] Appellants further contend that Schwarz does not specify that GMS
should only be incorporated into an interior layer and that Wilkies
describes embodiments wherein slip agents, e.g., GMS, should not be
added to the inner layers of a film (Appeal Br. at 9; Reply Br. at 4-5).
4 Reply Brief (“Reply Br.”) filed 19 February 2007.
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