Appeal No. 96-0359
Serial No. 08/083,866
carbon atoms as comonomer, said film exhibiting a Dart Drop Impact resistance (F ,
50
ASTM D1709) of 250 to 600 grams.
The prior art references of record relied upon by the examiner in rejecting the appealed claims
are:
Bailey et al. (Bailey) 4,461,873 Jul. 24, 1984
Lee et al. (Lee) 5,126,398 Jul. 30, 19922
The prior art reference relied upon by this Merits Panel is:
Kirk-Othmer ENCYCLOPEDIA OF CHEMICAL TECHNOLOGY, third edition, volume 16,
Herman F. Mark et al., editors, published in 1981 by John Wiley & Sons, New York, pages
388-390. (Kirk-Othmer)
ISSUES
The issues presented for review are: (1) whether the examiner erred in rejecting claims 3, 4, 6,
8, 9, 13 and 14 under 35 U.S.C. § 103 as unpatentable over Bailey, (2) whether the examiner erred in
rejecting claims 3, 4, 6, 8, 9, 13 and 14 under 35 U.S.C. § 103 as unpatentable over Lee, and (3)
whether the examiner erred in provisionally rejecting claims 3, 4, 6, 8, 9, 13 and 14 as being
unpatentable over claims 1-6 and 12-14 of copending application 08/083,864.
According to the examiner, the prior rejection of claims 3, 4, 6, 8, 9, 13 and 14 under
35 U.S.C. § 102(b) as anticipated by Bailey has been withdrawn (Answer page 2).
DELIBERATIONS
2 Lee was filed July 2, 1991 as a continuation of Application 07/271,639, filed November 16, 1988, now U.S.
Patent No. 5,047,468. Thus, Lee is a proper prior art reference.
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