Appeal No. 96-0359
Serial No. 08/083,866
HLMI (I ) no higher than 0.1-1.5 0.2-0.6 0.24
21
about 0.8
6
flow ratio (I /I ) no higher than not given not given not given
215
about 0.8
dynamic elasticity no higher than not given not given not given
at a complex about 0.75
viscosity at 0.1
rad./sec. of no
higher than about
7E6
Table C -- LMW component Properties
Property Claim 14 Bailey's generally Bailey's preferred Bailey's example 11
density, g/cc at least about 0.940about 0.945-0.975 about 0.950-0.975 0.9690
MI (I ), g/10 min. at least about 100 45-300 100-300 108
2
Using multiple regression analysis, Bailey also concluded that the dart drop impact resistance of a blend
is significantly dependent on the density and HLMI of the HMW component, and provides a formula
for dart impact values (column 26, line 57 through column 27, line 8).
When a claimed product and a prior art product reasonably appear to be substantially the
same, the burden is shifted to the applicant to prove with objective evidence that the product of the
prior art does not necessarily have the characteristics attributed to the claimed product. In re Spada,
911 F.2d 705, 708, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990); In re Best, 562 F.2d 1252, 1255,
6The 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 8).
Page 7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007