Appeal No. 95-0706
Application 07/820,461
the use of a copolymer of linear low density polyethylene comprising at least about 80 percent by
weight of ethylene units and the remainder an alpha olefin of 3 to 10 carbon atoms and having a
molecular weight distribution wherein “Mz/Mw” (specification, pages 2-3) is “greater than 3.5”
and that the film produced by the van der Molen process is not “biaxially oriented” as required by
appealed claims 15 and 22.
Indeed, the examiner has applied no prior art which separately or together would have
reasonably suggested that one of ordinary skill in this art was in possession of the specific linear
low density polyethylene resin specified in the appealed claims at the time the claimed invention
was made.5 Even if we assume, arguendo, that said resin was known and that one of ordinary
skill in this art would have used the same in van der Molen (e.g., col. 2, lines 8-11, and col. 3,
lines 20-68), we find that the processes of this reference provide “special orientation effects” such
that a “degree of orientation this high has not been found in known films on the basis of low-
density polyethylene” (e.g., col. 2, line 17, to col. 3, line 19; particularly, col. 2, lines 18-19, and
col. 3, lines 17-19) and thus produce film which is “mono-axially oriented” (abstract). In view of
this specific disclosure in van der Molen, there is no basis in the other applied references for the
examiner’s contention that even though “Van der Molen [sic] does not disclose biaxially oriented
film, . . . one of ordinary skill in the art would reasonable [sic, reasonably] suspect that Van der
Molen [sic] also produce a biaxially oriented film” (supplemental answer, page 2).
Accordingly, it is clear that the examiner has focused on the known use of linear low
density polyethylene in the known blown-film process to the exclusion of consideration of other
limitations specified in the claims. See In re Brouwer, 77 F.3d 422, 425, 37 USPQ2d 1663, 1666
(Fed. Cir. 1996), citing Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1053, 5 USPQ2d
1434, 1440 (Fed. Cir.) [cert. denied, 488 U.S. 825 (1988)].
The examiner’s decision is reversed.
REVERSED
5 In this respect, see Firdaus et al., of record (Papers No. 24 and 26).
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