Appeal No. 95-3484
Application 08/098,236
Biswell et al. (Biswell) 3,679,380 Jul. 25,
1972 Stearns et al. (Stearns) 3,851,011 Nov.
26, 1974
THE REJECTION
Claims 1, 4-8, 38-46 and 49-53 stand rejected under 35
U.S.C. § 103 as being unpatentable over Stearns in view of
Biswell.
OPINION
One of the applications (Application 06/885,399) in the
chain of continuation applications which led to the present
application has been before the board (Appeal No. 87-3093).
Claim 1 of that application differed from claim 1 of the
present application only in that the recited ethylene content
of the polymer was 30-90 mol% and there was no recitation that
the copolymer is a transparent liquid at 20EC. The sole
rejection in that case was under 35 U.S.C. § 103 over Biswell,
which discloses a copolymer containing 58-68 wt% (67.4-76.1
mol%) ethylene units. The board, relying upon In re Best, 562
F.2d 1252, 195 USPQ 430 (CCPA 1977), held that appellants’
claimed copolymer was prima facie obvious over Biswell because
the copolymers of appellants and Biswell appeared to be
-3-3
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