Ex Parte Trouilhet et al - Page 2

               Appeal 2007-3149                                                                            
               Application 10/318,460                                                                      
               monomers in a continuous tubular reactor.  Appellants also claim a process                  
               for preparing the laminate.                                                                 
                      Representative claims 1 and 6 read as follows:                                       
                      1.  A multilayer laminate comprising:                                                
                      a)  a first layer comprising at least a polyester, and                               
                      b)  a second layer comprising at least a copolymer of ethylene and                   
               methyl acrylate obtained by copolymerization of ethylene monomers and                       
               methyl acrylate monomers in a continuous tubular reactor.                                   

                      6.  Process for preparing the laminate of claim 1, comprising extrusion              
               coating the second layer to the first layer at a temperature of at least 300ēC.             

                      The prior art set forth below is relied upon by the Examiner as                      
               evidence of obviousness:                                                                    
               White     2,953,551   Sep. 20, 1960                                                         
               Deex     3,141,870   Jul. 21, 1964                                                          
               Rebholz    4,387,126   Jun. 7, 1983                                                         
               Pfleger    4,788,265   Nov. 29, 1988                                                        
               Schmitz, "Ullmann's Encyclopedia of Industrial Chemistry," 5th Ed.,                         
               Vol. A11, 85-95, 108-110 (1988)(Ullmann's).                                                 

                      Claims 1-6 are rejected under 35 U.S.C. § 103(a) as being                            
               unpatentable over Rebholz in view of White or Deex or Pfleger and further                   
               in view of Ullmann's.                                                                       
                      The Examiner finds that Rebholz discloses a polyester layer laminated                
               to a copolymer of ethylene and methyl acrylate as required by claim 1 but is                
               silent as to whether the copolymer is obtained from a batch autoclave or a                  



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