Ex Parte McLeod et al - Page 2



                 Appeal No. 2006-2205                                                                                  Page 2                      
                 Application No. 10/699,956                                                                                                        

                                                                BACKGROUND                                                                         
                         Appellants' invention relates to a method for casting a film                                                              
                 comprising a homopolymer of syndiotactic propylene.  An                                                                           
                 understanding of the invention can be derived from a reading of                                                                   
                 exemplary independent claim 43 , which is reproduced below.1                                                                             
                                  43. A method comprising:                                                                                         
                                  casting a film comprising a homopolymer of                                                                       
                         syndiotactic propylene (sPP) at a film line speed of                                                                      
                         from about 35 to about 200 feet per minute.                                                                               
                         The prior art references of record relied upon by the                                                                     
                 examiner in rejecting the appealed claims are:                                                                                    
                 Shamshoum et al. (Shamshoum) 6,245,857                                                Jun. 12, 2001                               




                         1There are two claims numbered as claim 43, an independent                                                                
                 claim, and an improper dependent claim (the claim depends from                                                                    
                 the same numbered claim).  It is clear from the brief (see, e.g.,                                                                 
                 page 2) and answer (page 2) that the subject appeal is from                                                                       
                 rejections that include all of appellants’ pending claims,                                                                        
                 including both claims numbered as claim 43, wherein both claims                                                                   
                 are referred to in reciting claim 43 therein.  In this decision,                                                                  
                 we shall differentiate between the two claims numbered as claim                                                                   
                 43 by employing the terms “independent claim 43" and “dependent                                                                   
                 claim 43", as necessary.  Where we refer to claim 43 without                                                                      
                 specifying whether it is the independent claim 43 or dependent                                                                    
                 claim 43, we are referring to both claims numbered as claim 43.                                                                   
                 Upon return of the application to the Technology Center,                                                                          
                 corrective action to renumber the claims should be undertaken                                                                     
                 prior to final disposition of this application.                                                                                   





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