Appeal 2007-2915
Application 10/151,637
Claim 17 is directed to a product, specifically to a plastic container
comprising, in relevant part, an interior layer about 0.01 to about 1 micron
thick “wherein only the interior layer comprises a plastic composition
containing about 4000 to about 8000 ppm glycerol monostearate.”
Schwarz describes a plastic container comprising an inner layer of
polyolefin, e.g., an ethylene-polypropylene random copolymer layer, which
contains GMS added to facilitate release of nested containers (FFs 8-9).
Wilkie discloses that ethylene-polypropylene random copolymer skin layers
of composite plastic films useful in food packaging preferably have
thicknesses of about 0.254/0.508 to about 5.08 microns (FF 14). Wilkie
further discloses that if the skin layer is used as matter-finish cold seal
release layer, it is required to contain a sufficient amount of a slip agent,
e.g., GMS which may be present in amounts up to 10,000 ppm, to
significantly decrease the friction of the layer and increase its release
properties (FF 15).
The Examiner reasoned that since Schwarz did not specify the
thickness of the inner ethylene-polypropylene random copolymer layer or
the amount of GMS therein, a skilled artisan would look to other prior art
food packaging plastic composite films comprising GMS-containing
ethylene-polypropylene random copolymer layers to determine how thick to
make Schwarz’s inner ethylene-polypropylene random copolymer layer and
how much GMS to incorporate therein (FFs 18-21). The Examiner also
noted that preventing sticking of one container to another container suggests
a generally nonstick surface, i.e., the inner surface of the container (Answer
at 6). Thus, the Examiner concluded that if providing a plastic container
with a generally nonstick inner GMS-containing-ethylene-polypropylene
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