Ex Parte Kochem et al

Patent Trial and Appeal Board

Jun 8, 2016

12739005 (P.T.A.B. Jun. 8, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
121739,005 08/03/2010
123223 7590 06/10/2016
Drinker Biddle & Reath LLP (WM)
222 Delaware A venue, Ste. 1410
Wilmington, DE 19801-1621
FIRST NAMED INVENTOR
Karl-Heinz Kochem
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
074004-0169-US (286036) 6997
EXAMINER
PATEL, VISHAL I
ART UNIT PAPER NUMBER
1746
NOTIFICATION DATE DELIVERY MODE
06/10/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
IPDocketWM@dbr.com
penelope.mongelluzzo@dbr.com
DBRIPDocket@dbr.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KARL-HEINZ KOCHEM, ROBERTO LOZANO,
and DUNCAN HENSHALL
Appeal2015-001559
Application 12/739,005
Technology Center 1700
Before CHUNG K. PAK, JEFFREY T. SMITH, and
WESLEY B. DERRICK, Administrative Patent Judges.
PAK, Administrative Patent Judge.
DECISION ON APPEAL
Appellants 1 appeal under 35 U.S.C. § 134(a) from the Examiner's
decision finally rejecting claims 14 through 20, 22, 23, and 28 through 35. 2
We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
The subject matter on appeal is directed to a multi-layer, biaxially-
oriented polyolefin film comprising a base layer, intermediate layers applied
on both sides of the base layer, and covering layers on both sides of the
1 Appellants identify the Real Party in Interest as Treofan Germany GmbH
& Co. KG. (Appeal Brief filed June 4, 2014 ("App. Br.") at 2.)
2 Final Office Action entered October 4, 2013 ("Final Act.").
Appeal 2015-001559
Application 12/739,005
intermediate layers that both have a surface roughness of 2.5 µm to 8 µm.
(Spec. 5, 11. 19--21; 8, 11. 16-19.)
Details of the appealed subject matter are recited in illustrative claim
14, reproduced below from the Claims Appendix to the Appeal Brief
(disputed limitations highlighted in italicized form):
14. A multi-layer, opaque, biaxially-oriented polyolefin film
with a thickness of at least 40 µm comprising:
a vacuole-containing base layer B and intermediate layers
applied on both sides thereof and covering layers on both sides
thereof, wherein both intermediate layers have a thickness of at
least 3 µm up to 10 µm and contain at least 70 % by weight of a
propylene homopolymer, and
both covering layers are constructed of a mixture of
incompatible polymers,
both covering layers have a thickness of at least 2 to 10
µm,
both covering layers have a surface roughness Rz of at
least 2.5 µm up to 8 µm and
both covering layers contain less than 2 % by weight of
particle-shaped fillers.
(App. Br. 23, Claims Appendix.)
Appellants seek review of the following grounds of rejection
maintained by the Examiner in the Answer entered on September 11, 2014
("Ans."):
Claims 14--20, 22, 23, 32, 33, and 35 under 35 U.S.C. § 103(a) as
unpatentable over the disclosure of U.S. Patent 4,472,227 issued in the name
of Toyoda et al. on September 18, 1984 (hereinafter referred to as "Toyoda")
in view of International Patent Application Publication WO 2006/040057 Al
published in the name of Schmitz et al. on April 20, 2006 (hereinafter
2
Appeal 2015-001559
Application 12/739,005
,.. 1 , ll.r-1 1 •, °'°''° 1. 1 TT r'1 T"'I>. , , / {""\,..... l'"'\ A Al l""llo ~1 • 1 • ,"1 rererrea to as --~cmnnz·J Jana u.~. Yatem o,