PTAB

IPR2020-01249

Sealed Air Corp v. RanPak Corp

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1. Case Identification

2. Patent Overview

  • Title: Supply of Sheet Stock Material with Splicing Arrangement
  • Brief Description: The ’096 patent discloses a supply of sheet stock material, such as a roll of kraft paper, for use in cushioning conversion machines. The key feature is a pressure-sensitive adhesive layer with a removable release liner on the leading or trailing end of the paper ply to facilitate splicing a new roll to an expiring one.

3. Grounds for Unpatentability

Ground 1: Anticipation of Claim 13 under 35 U.S.C. §102

  • Prior Art Relied Upon: Kirkpatrick (Patent 4,188,257).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Kirkpatrick, which was not considered during prosecution, discloses every element of claim 13. Kirkpatrick teaches a web joining apparatus for splicing rolls of material, explicitly including kraft paper, for use in production equipment like a corrugated paper manufacturing line (a type of cushioning conversion machine). Kirkpatrick's new roll of material (20) is a single ply of kraft paper rolled into a compact configuration. To facilitate splicing, Kirkpatrick applies a double-sided adhesive tape (157) with two removable release liners to the leading edge of the new roll, thereby disclosing a pressure-sensitive adhesive layer covered by a removable release liner.
    • Key Aspects: Petitioner contended that since Kirkpatrick’s roll is a single ply, the application of the adhesive tape to that ply meets the "each ply" limitation of claim 13.

Ground 2: Obviousness of Claims 13-15 under 35 U.S.C. §103

  • Prior Art Relied Upon: Kirkpatrick (Patent 4,188,257) and Ratzel (WO 97/01434).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner asserted that Kirkpatrick teaches the core elements of claim 13: a roll of paper prepared for splicing using a pressure-sensitive adhesive and release liner. Ratzel, which relates to cushioning conversion machines, explicitly discloses that an effective sheet stock material is 30 to 50 pound kraft paper. Combining these references, Petitioner argued, renders claims 13-15 obvious. The combination provides a supply of 30 or 50 pound kraft paper (Ratzel) rolled into a compact configuration with a splicing adhesive on its end (Kirkpatrick).
    • Motivation to Combine: A Person of Ordinary Skill in the Art (POSA) would combine these references because they are in the same field of endeavor (processing rolled sheet stock). A POSA would have been motivated to use the specific, effective 30-50 pound kraft paper disclosed by Ratzel as the material for the generic paper roll in Kirkpatrick's splicing system to create cushioning products. Ratzel provides an express teaching for the type of paper to use in the exact context of the ’096 patent.
    • Expectation of Success: A POSA would have a reasonable expectation of success because combining the known material from Ratzel with the known splicing system of Kirkpatrick was a simple substitution of one known element for another to obtain predictable results.

Ground 3: Obviousness of Claims 13-15 under 35 U.S.C. §103

  • Prior Art Relied Upon: Weirauch (Patent 5,692,699) and Ratzel (WO 97/01434).

  • Core Argument for this Ground:

    • Prior Art Mapping: Petitioner argued this combination also renders the claims obvious. Weirauch discloses a rolled paper sheet (30) with a double-sided splicing tape (24) applied to its leading edge. This tape includes pressure-sensitive adhesive layers covered by removable release foils (liners), and the roll can be stored with the outer liner intact until needed for splicing. As in the previous ground, Ratzel supplies the teaching of using 30 to 50 pound kraft paper for cushioning conversion machines.
    • Motivation to Combine: A POSA would combine Weirauch and Ratzel as they both address rolled paper stock. A POSA seeking to create an improved supply for cushioning conversion machines would have been motivated to make Weirauch’s pre-taped paper roll using the specific 30-50 pound kraft paper Ratzel teaches is effective for that purpose. This combination would predictably result in a product ready for continuous use in Ratzel's cushioning machine.
    • Expectation of Success: Success would be expected as it involves using a known and suitable paper type (Ratzel) in a known pre-taped roll configuration (Weirauch) for its intended purpose.

  • Additional Grounds: Petitioner asserted an alternative ground that claims 13-15 are obvious over Kirkpatrick alone (Ground B). This argument relied on the position that even if Kirkpatrick did not explicitly disclose using kraft paper of a specific weight, selecting such a well-known material for a known purpose would have been an obvious design choice for a POSA.

4. Key Claim Construction Positions

  • Petitioner argued that the preamble of claim 13, "A supply of sheet stock material for use in a cushioning conversion machine," is not a limitation. It contended the body of the claim defines a structurally complete invention (a roll of paper with adhesive) and the preamble merely states an intended use, which should not be given patentable weight.

5. Relief Requested

  • Petitioner requests the institution of an inter partes review and the cancellation of claims 13, 14, and 15 of the ’096 patent as unpatentable.