Ex parte SMITH et al. - Page 4




               Appeal No. 1996-0328                                                                                               
               Application 08/060,891                                                                                             

                      18.     A film, as defined in claim 1, wherein said terpolymer has a molecular weight                       
                              distribution of at least 10.                                                                        


                      19.     A film, as defined in claim 1, wherein said terpolymer has a molecular weight                       
                              distribution of at least 12.                                                                        


                      21.     A film, as defined in claim 14, wherein said terpolymer has a melt flow ratio of at                 
                              least 65.                                                                                           


                      22.     A film, as defined in claim 1, wherein said terpolymer has a melt index of less than                
                              about 1.0 dg/min, at least 85 percent polymer units derived from ethylene, and has                  
                              a molecular weight distribution greater than 10.                                                    


                      36.     A film, as defined in claim 1, wherein said film has a puncture resistance greater                  
                              than the puncture resistance of similarly made films comprising a two monomer                       
                              component derived copolymer of ethylene and either 1-butene or 1-hexene.                            
               B.     Rejections under 35 U.S.C.  103                                                                            
                      1.      The Prior Art                                                                                       
                              a.      The Steinert patent                                                                         
                      Steinert describes terpolymers of  a ethylene, butene-1 and hexene-1.   The terpolymer consist of6                                         
               87 to 97 wt % of ethylene and are said to have a melt index of 0.5 to 1.0.   Steinert examples 5 and 107                                           
               describe a terpolymer of ethylene, hexene-1 and butene-1 that have, respectively,  densities of 0.907 g/cm3        


                      6Steinert, page 3, lines 36-37.                                                                             
                      7Steinert, page 3, lines 36-37 and 576-59.                                                                  
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