Ex Parte Migliorini et al - Page 15




                 Appeal No. 2004-2292                                                                               
                 Application No. 09/747,537                                                                         

                 crystallinity of the core layer and a resulting film with improved tear                            
                 resistance.                                                                                        
                        We also note that the Keller reference differs from the claimed                             
                 invention in that Keller does not include a hydrocarbon resin in the core                          
                 layer.  As stated above, Schloegl describes  biaxially stretched films that                        
                 comprise hydrocarbon  modifiers in the core layer.  The present record                             
                 indicates that persons of ordinary skill in the art would have recognized                          
                 that hydrocarbon resins are well known processing aids for polypropylene                           
                 based films which improve the physical properties of the films.  Thus, it                          
                 would have been obvious to a person of ordinary skill in the art to                                
                 incorporate a hydrocarbon processing aid in the core layer of Keller in                            
                 order to obtain improved mechanical properties.  The prior art must be                             
                 considered together with the knowledge of persons of ordinary skill in the                         
                 pertinent art.  The prior art need not explain every detail since it is speaking                   
                 to those skilled in the art.  Paulsen, supra.                                                      
                        The Examiner rejected claim 12 under 35 U.S.C. 103(a) over the                              
                 combination of Schloegl, Keller and Arita.  We affirm.                                             
                        As stated above, the Examiner relies on the Arita reference to                              
                 establish that employing low density polyethylene in the skin layer of a                           

                                                        15                                                          





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007