Appeal No. 1996-0328
Application 08/060,891
production. All of these patents describe the properties of ethylene copolymers including, inter alia, the46
density. We hold that the references relied upon by the examiner to be within the field of ethylene
copolymers and the production of ethylene copolymers. Thus, the references relied upon by the examiner
are from the same field of endeavor as applicants’ invention. We conclude that the patents relied on by
the examiner are analogous prior art.
3. The rejection of claims 1, 7-14, 16, 17, 20, 22 and 26-36
a. The examiner’s and applicants’ positions
The examiner rejected claims 1, 7-14, 16, 17, 20, 22 and 26-36 under 35 U.S.C. § 103 as
unpatentable over the combination of Lustig, Warren, Steinert, Machon, Kohyama, Tominari, Sugahara
and Durand patents. The examiner’s position may be understood from the following excerpt from the
Examiner’s Answer:
It would [have been] obvious to use (C -C -C ) terpolymer having a density less
2 4 6
than 0.915 in the process of the primary references, i.e., to make (BSHSF)
[biaxially stretched heat shrinkable films], because (1) the primary reference
generically includes such terpolymers and (2) such terpolymers are known as
taught by Steinert (Examples 5 and 10) or are obvious variants of ethylene
polymers disclosed by the other secondary references. These terpolymers are not
only included by Steinert but are described by the reference as making excellent
films. Thus, Steinert teaches that the (C -C -C ) terpolymers are especially useful
2 4 6
for the manufacture of food wrap films (page 1, lines 47-50) and have better
optical properties and lower hexane extractables than comparable C -C or C -C 2 4 2 6
copolymers (page 3, lines 48-57). Further, such terpolymers would be obvious
from Durand who teaches (1) that films made from (C -C -C ) terpolymers having
2 4 6
the claimed density (column 3, lines 11-17; column 7, lines 5-6) have excellent
optical properties and have mechanical properties that are as good or better than
(C -C ) copolymers (column 1, lines 44-52) and that the (C -C -C ) terpolymer2 6 2 4 6
films have high mechanical strength (column 8, lines 46-53). The films would also
be obvious from Machon who teaches that (C -C -C ) terpolymers having the
2 4 6
46Steinert, page 3, lines 36-59; Machon, page 4, lines 3-7; Kohyama, page 14, lines 23-32; Tominari, column 4,
lines 8-13; Sugahara, page 2, lines 18-23; and Durand, column 1, lines 9-14.
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