Appeal No. 1997-4443
Application No. 08/246,019
these compositions would process essentially the same oxygen transmission rate
(hereinafter referred to as “OTR”). (Page 2 of the office action mailed on July 26, 1995).
Appellants argue that Gerow does not disclose the vinylidene chloride
composition of appellants’ claim 1. Appellants stated that Gerow does not disclose a
glycerin ester containing at least 0.9 mol per mol of glycerin. (Brief, page 5). Appellants
argue that Gerow’s purpose of adding more-or diglycerides was to produce a film having
excellent artistetic properties, and therefore there are no teachings which would motivate
a person skilled in the art to add glycerin ester to the vinylidene chloride composition to
provide an OTR of less than 9 cc-mil/100 in2-atm-day.
Appellants argue that Yasumatsu discloses a vinyl chloride resin composition
containing a particular glycerin ester. Appellant states that Yasumatsu does not disclose
a vinylidene chloride polymer formed from a monomer mixture wherein the major
component is vinylidene chloride and the remainder is at least one monoethylenically
unsaturated monomer copolymerizable therewith, excluding vinyl chloride. Nowhere
does Yasumatsu suggest to replace its vinyl chloride with vinylidene chloride polymer
recited in appellants’ claim 1.
Appellants argue that Grummit does not teach or suggest anything about a
glycerin ester containing an acyl redical having 10-14 carbon atoms. Also Grummit does
not teach or suggest adding a certain amount of a particular glycerin ester to the
composition to provide appellants’ claimed OTR.
Appellants argue that Canadian Patent 621,638 does not disclose a vinylidene
chloride polymer formed from a monomer mixture wherein the major component is
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