Appeal Number: 2007-2665
Application No. 11/216,805
(b) 5 weight percent ethylene;
the first layer characterized as having a:
(1) machine direction tear of at least about 100 g/mil,
(2) Haze value of less than about 10 percent,
(3) 45° Gloss greater than about 65 percent, and
(4) Dart value greater than about 200 g.
The Examiner relies upon the following reference in rejecting the appealed
claims:
Genske EP 0 229 476 A1 Jul. 22, 1987
Appellants’ claimed invention is directed to a film that comprises a first layer,
comprising a first polymer that comprises at least about (a) 50 wt % propylene, and
(b) 5 wt % ethylene. In addition, the first layer is characterized as having (1) a
machine direction tear (MD-tear) of at least about 100 g/mil, (2) a haze value of
less than about 10%, (3) 45° gloss greater than about 65%, and (4) a dart value
greater than about 200 g.
OPINION
Appealed claims 1-14 stand rejected under 35 U.S.C. §102(b) as anticipated
by or, in the alternative, under 35 U.S.C. §103(a) as obvious over Genske.
We have thoroughly reviewed each of Appellants’ arguments for
patentability. However, we are in full agreement with the Examiner that the
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