Appeal No. 95-1959
Application 07/894,128
granular polyethylene support having a density of from 0.80 to
0.935 g/cm Page 4, lines 1 through 13).3
OPINION
There is no dispute between the examiner and
appellants concerning what the prior art relied on to reject
the claims discloses. Thus, the only issue before us concerns
the meaning which would have been given to the respective
disclosures by the hypothetical person of ordinary skill in
the art at the time appellants' invention was made. Thus,
appellants urge that no prima facie case of obviousness is
engendered by the prior art on which the examiner relies.
Alternatively, appellants urge that assuming a prima facie
case of obviousness is made out then appellants have overcome
the prima facie case by the presentation of objective evidence
of nonobviousness in the nature of the two declarations filed
pursuant to 37 C.F.R. § 1.132 by Reuger Schlund, one of the
herein named inventors.
After a careful consideration of the entire record
before us, including all the evidence of record and the stated
positions of both the appellants and the examiner, we agree
with the examiner's conclusion that the claimed subject matter
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