Appeal No. 1996-3934
Application 08/288,670
polyolefin melt stream which is then passed through an
elongated orifice to form the polyolefin film. The
composition is comprised of a polyolefin resin, certain
specified phosphite
stabilizers, and a metal salt of a lactic acid in relative
amounts as called for in appealed claim 1.
As appellants point out in their brief, neither Allen nor
Yukawa discloses an extrusion process for making a polyolefin
film, much less an extrusion process wherein a polyolefin
composition is melt extruded through a filtration system prior
to being passed through an elongated die orifice to form a
film as required by the appealed claims. Although we disagree
with appellants’ contention that Yukawa does not disclose a
specific polyolefin composition “that includes an acylated
hydroxy acid additive in combination with a phosphite or
phosphonite compound” (brief, page 4), appellants correctly2
argue that the examiner’s stated rejection, which is based on
a “combination of references”, is fundamentally deficient
since the examiner fails to point to any disclosure or
2See Yukawa’s example 17 and compare to the composition required for use in
appellants’ process.
3
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