Appeal No. 1996-0328
Application 08/060,891
with oriented films. Discussion of the film of Example 5 includes a reference to %
hexene extractibles, but film properties are not further characterized. It bears
repeating that there is no suggestion that a heat shrinkable or biaxially stretched
film was made or could be made. Given the paucity of test results, it is submitted
that one of ordinary skill in the art, upon reviewing the teachings of Steinert in
combination with either Lustig et al or Warren would conclude that the teachings
are mutually exclusive and therefore they would not be combined. Assuming
arguendo, that the combination were attempted, then it is as likely as not that an
attempt would be made to use higher density terpolymers to make biaxially
stretched heat shrinkable films. After all, Steinert et al points to the use of
terpolymers having a density above 0.915 g/cm . 3 50
Applicants argue the limitations of claims 9, 10, 11, 14, 22 and 26 provide unexpected results.
Applicants’ position may be understood from the following excerpt from the Brief:
Especially noteworthy are appealed claims 9, 10, and 26 which define
comonomer ratios of 1-hexene to 1-butene which lead to the exemplified
formulations having unexpected results. Also, claims 18, 19, and 22 define an
especially preferred embodiment of the invention having a broad molecular weight
distribution which is exemplified in Example 1 which has an unexpected and
surprising combination of high hot water puncture resistance, high dynamic
puncture resistance and high shrinkage values at 90 C. Examples 12 and 16 alsoo
demonstrate the unexpected advantages attendant to using the defined films having
a broad molecular weight distribution (claims 18, 19, and 22), high melt flow ratio
(claims 15 and 21), low melt index (claims 11, 14, and 22). The broad impulse
sealing range of the inventive C C C terpolymer biaxially stretched, heat
2 4 6
shrinkable film with the high burn through resistance relative to similar C C and
2 4
C C films is particularly noteworthy. 51
2 8
50Brief, paragraph bridging pages 27-28.
51Brief, page 23, lines 1-19.
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