Appeal No. 95-3686
Application No. 08/034,794
reason, suggestion, or motivation to arrive at the claimed
subject matter. On the contrary, Hughes teaches toward an
embodiment using nucleated and non-nucleated polypropylene
film or using all nucleated films where the nucleating agent
promotes the formation of hexagonal crystals, namely, sodium
phthalate or calcium phthalate. See Hughes, column 3, line
70, through column 4, line 22.
In the specification, applicant describes the advantage
of using a sodium benzoate additive in relatively small
amounts (up to 1000 ppm) in mono-axially oriented
polypropylene film. According to applicant, the sodium
benzoate additive reduces shrinkage and "[l]ow shrinkage is a
highly desirable property for such applications as woven
fabrics" (specification, page 4, lines 15 through 17). The
cited prior art, however, does not attribute any such
advantage to small amounts of sodium benzoate in the
polypropylene film. It is our judgment, therefore, that the
examiner's § 103 rejection is predicated on the impermissible
use of hindsight. As stated in In re Gorman, 933 F.2d 982,
987,
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