Appeal No. 1999-1186
Application 08/440,366
OPINION
We reverse the aforementioned rejections. We need to
address only claim 1, which is the sole independent claim.
Rejection over Batchelor taken with official notice
Batchelor discloses a transparent film made from an ethylene
polymer having pendent carboxylate groups, preferably also having
pendent amide groups, and optionally having pendent ester groups
(page 2, lines 4-47; page 3, lines 10-17). The pendent ester
groups can be, inter alia, those of methyl acrylate or butyl
acrylate units which are present in the amounts recited in the
appellants’ claim 1 (page 2, lines 37-43, 48-50 and 73-77).
Thus, Batchelor discloses an ethylene alkyl acrylate
copolymer which can have ester units including methyl acrylate
and butyl acrylate, but does not disclose a blend of an ethylene
methyl acrylate copolymer (EMAC) and an ethylene butyl acrylate
copolymer (EBAC). The official notice taken by the examiner
pertains to additives recited in dependent claims (answer,
page 4) and, therefore, does not remedy this deficiency in
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