Appeal 2007-2967
Application 10/274,827
Claim 16 requires that the molten hot melt adhesive is pumped or
poured into a cylindrical tube of plastic film, said film being a multilayer
film comprising at least two layers that have different melting points and
where one layer comprises more than 50% of the film and has a melting
point below 100°C, and at least one other layer has a melting
point above 100°C, the cylindrical tube being in direct contact with a heat
sink, sealing the adhesive filled cylinder and allowing the filled cylinder to
cool.
The deficiencies of Flieger and Bozich are discussed herein. The
Examiner relies on Kik for the disclosure of wrapping adhesive in the
molten state referencing Fig. 1 of Kik. (Answer 7.) Kik describes that the
hot melt adhesive is introduced into the tubular film at a temperature of
around 160º (Kik, col. 3, ll. 20-24.)
The Examiner concludes that "[t]o employ the methodology of Kik to
provide the multi-layer package of Flieger would have been obvious as it is a
field recognized advantageous manner of packaging." (Id.)
Appellants contend that, "[t]he Kik invention is directed to stabilizing
the shape of a tubular film by providing excess gas pressure and/or a guide
in the tube. Only a single type of film, a pure polyethylene film, is
mentioned for use." (Br. 10.) Appellants argue, in view of the use of a
single film "[t]here is no disclosure or suggestion that the multilayer film
described by Flieger (all having the same polymer composition and the same
melting point) can be used in the practice of the Kik invention, let alone a
multilayer film in which at least two of the layers having different melting
points." (Id.)
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013