Ex parte CHERUVU et al. - Page 6




               Appeal No.      95-2035                                                                                                
               Serial No.      08/083,864                                                                                             

               at 190E C using a load of 2.16 kg (I ), a polydispersity (M /M ) of 20-35, and contains about 50 to2.16                     w   n                                                   
               about 55 weight % of the high molecular weight component.  Bailey's preferred high molecular weight                    

               component has a density of about 0.930-0.945 g/cc, and a HLMI of 0.2-0.6 g/10 minutes at 190E C                        

               using a load of 21.6 kg.  Bailey's preferred low molecular weight component has a density of about                     

               0.950-0.975 g/cc, and a melt index (MI) of 100-300 g/10 minutes at 190E C with a load of 2.16 kg                       

               (I ).  Density was determined according to ASTM standard D 1505-68, MI and HLMI were                                   
                 2.16                                                                                                                 
               according to ASTM standard D 1238-65T.  M  and M  were determined by size exclusionn       w                                                             
               chromatography (see Tables I and III; column 3, lines 24-35).  Using the HLMI and MI data provided,                    
               the examiner calculated Bailey's preferred blend to have a "melt flow ratio"  of 10-400 (Answer page2                                       

               3, fn 1).  Bailey does not disclose an intermediate load melt index or a flow ratio  for his preferred3                                 

               HMW component.  However, the examiner maintains the claimed HMW flow ratio would have been                             

               inherent in Bailey                                                                                                     

                       because Bailey teaches a preferred M /M  of 4-9 for said high molecular weight                                 
                                                              w   n                                                                   
                       polymer and because all of the other properties of the claimed blends and Bailey's                             
                       preferred blends are substantially identical.  (Answer page 4, paragraph two)                                  






                       2The specification defines "melt flow ratio" as (high load melt index)/(melt index) using a high load of 21 kg 
               versus a melt load of 2 kg (page 6).  Bailey uses slightly different loads, i.e. a high load of 21.6 kg versus a melt load
               of 2.16 kg.                                                                                                            
                       3The specification defines "flow ratio" as (high load melt index)/(intermediate load melt index) using a high  
               load of 21 kg and an intermediate load of 5 kg (page 7).                                                               
                                                               Page 6                                                                 





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