Appeal No. 1995-1915
Application No. 08/117,846
[S]odium salts or potassium salts of organic acids
having from 7 to 30 carbon atoms, and sodium salts
or potassium salts of organic polymers having
carboxyl groups, such as sodium stearate, sodium
benzoate, sodium salt of ethylene-methacrylic acid
copolymers and sodium salt (fully or partially
neutralized) of styrene-maleic anhydride copolymer.
According to the examiner, Moritani fails to disclose a
polyester polymer salt falling within the scope of claim 6
(Answer, p. 3). However, as set forth in the statement of the
rejection at page 4 of the Answer, the examiner relies on the
following teaching in Sublett to establish the obviousness of
the claimed polyester polymer salts in the multi-layer
composition of claim 6:4
4 We note that in response to appellants' arguments,
the examiner states (Answer, p. 5):
Appellants method of forming polyester salt
nucleating agents and combining them with other
polyesters is also disclosed by Sublett. A citation
in Sublett's background section to US 4705844 to
Espenschied describes formation of the same type of
alkali-metal/polyester nucleating agent that is
later combined with non-nucleated polyesters to form
rapid crystallization (p. 5 [sic, 3], ¶ 1).
However, since the examiner neither relied on this portion of
Sublett nor U.S. Patent No. 4,705,844 to Espenschied in the
statement of the rejection, the teachings contained therein
are not before us for review. See In re Hoch, 428 F.2d 1341,
(continued...)
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