Appeal No. 95-1209
Application No. 07/842,480
points of the reference thermoplastic polymer. Miyake
discloses, in a comparative example, a copolymer blend of high
density polyethylene (HDPE) (HIZEX 2500) with 3 weight percent
of a compound (I). The blend is prepared by kneading the
mixture at 150EC for 30 minutes. Miyake at translation page
9. Both the examiner and appellants appear to agree that
materials denominated as HDPE typically melt in the range of
120 to 130EC. The examiner maintains that the improved Q
value shown for comparative example 2 (Table at Miyake
translation page 11) (2.08 × 10 ml/s) compared to-2
unadulterated HDPE (id., comparative example 3) (1.65 × 10-2
ml/s) is sufficient to demonstrate that the amount of additive
is a result-effective variable for Q. Accordingly, the
examiner concludes one of ordinary skill in the art would have
been motivated to use “less than about 1%” of the additive in
order to obtain blends that exhibit a lesser improvement in
the parameter Q. The examiner maintains that the burden is on
appellants to demonstrate that the material produced by Miyake
would not meet the instant limitations.
Appellants traverse, urging that a homogenous blend of
additive and polymer cannot be obtained under the conditions
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Last modified: November 3, 2007