Ex Parte Migliorini et al - Page 6




                 Appeal No. 2004-2292                                                                               
                 Application No. 09/747,537                                                                         
                        The Examiner rejected claims 1-7, 9, 10, 13-18, and 30 under 35 U.S.C.                      
                 103(a) over the combined teachings of Schloegl and Blemberg.  We affirm.                           
                 We select claim 1 as representative.                                                               
                        According to the Examiner, Schloegl teaches a shrink film which                             
                 comprises a plurality of polyolefinic layers.  The base layer comprises 60-95                      
                 wt% polypropylene and 5-40 wt% of a hydrocarbon resin mixture.  The                                
                 layers on each side of the base layer comprise polyolefinic sealable raw                           
                 materials (Answer, pp. 3-4).  Schloegl discloses that suitable hydrocarbon                         
                 resins include styrene resins, cyclopentadiene resins, toluene, and their                          
                 hydrogenated derivatives (col. 3, line 23+).  The Examiner asserts that the                        
                 film of Schloegl possesses a shrinkability of more than 15% in the transverse                      
                 direction and less than 6% in the longitudinal direction. 2  (Answer, p. 4).                       
                 According to the Examiner, Schloegl does not teach that the base layer                             
                 should comprise a polymeric modifier.  However, Schloegl discloses “[i]n                           
                 order to further improve certain properties of the polyolefinic film                               
                 according to this invention, effective amounts of appropriate additives,                           
                 such as antistatic agents, slip agents or lubricants, may be contained in the                      


                        2  Appellants have not argued that the film of Schloegl does not possess                    
                 the property of greater than 20% overall area reduction shrinkage at 135oC.                        
                 (See Briefs generally).                                                                            
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