Ex Parte Wang - Page 2

                Appeal 2007-4147                                                                               
                Application 10/371,754                                                                         
                      1.  A multilayer article comprising (i) a coating layer comprising a                     
                   block copolyestercarbonate comprising structural units derived from a                       
                   1,3- dihydroxybenzene and an aromatic dicarboxylic acid, (ii) a second                      
                   layer comprising a polymer comprising carbonate structural units, (iii) an                  
                   adhesive layer comprising an aliphatic thermoplastic polyurethane film                      
                   and (iv) a substrate layer, wherein the coating layer is in contiguous                      
                   contact with the second layer, and the adhesive layer is in contiguous                      
                   contact with the second layer and the substrate layer.                                      

                The Examiner relies upon the following references:                                             
                Brunelle                      US 6,306,507 B1            Oct. 23, 2001                         
                Sieloff                         US 5,103,336                  Apr. 7, 1992                     

                The Examiner made the following rejections:                                                    
                      Claims 1-14, and 18-26 stand rejected under 35 U.S.C. § 103 as                           
                unpatentable over the combined teachings of Brunelle and Sieloff. 2                            
                      Claims 1-14, and 18-26 stand provisionally rejected under the                            
                judicially created doctrine of obviousness-type double patenting as                            
                unpatentable over claims 22, 28-44, 53, 58, 59, and 63-72 of U.S. Patent                       
                Application No. 10/210,746.3                                                                   
                The 35 U.S.C. § 103 Rejection                                                                  
                      Based on the contentions of the Examiner and the Appellant, the issue                    
                before us is:  Has the Examiner made accurate and sufficient factual findings                  
                such that it is reasonable to conclude that one of ordinary skill in the art                   

                                                                                                              
                2 Appellant has argued the patentability of the claimed invention together.                    
                We will limit our discussion to claim 1.                                                       
                3 The Examiner and the Appellant has indicated that the rejection is over                      
                claims 22, 28-40-44, 53, 58-59, 63-72 of Application No. 10/210,746.  We                       
                interpret this to include the claims 22, 28-44, 58, 59, and 63-72 of                           
                Application No. 10/210,746.                                                                    
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