Ex parte SMITH et al. - Page 15




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

                In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991).                                                      
                                         1.      Patentability of claim 1, 7, 8, 12, 13, 16, 17, 20, 27-31 and 33-35                        
                Claims 1, is reproduced below:                                                                                              
                        1.      A biaxially stretched, heat shrinkable film comprising a terpolymer of                                      
                                monomers (a), (b) and (c), wherein                                                                          
                                         monomer (a) comprises ethylene,                                                                    
                                         monomer (b) comprises 1-hexene, and                                                                
                                         monomer (c) comprises 1-butene,                                                                    
                                wherein said terpolymer has a density less than 0.915 g/cm .     3                                          
                        The examiner rejected claims 1, 7, 8, 12, 13, 16, 17, 20, 27-31 and 33-35 under 35 U.S.C.                          
                103 as unpatentable over the combination of the Lustig, Warren, Steinert, Machon, Kohyama, Tominari,                        
                Sugahara and Durand patents.                                                                                                
                        Steinert describes terpolymers of an ethylene, butene-1 and hexene-1.   Examples 5 and 1054                                       
                describe terpolymers of ethylene, hexene-1 and butene-1 that have densities of which meet the terpolymer                    
                required by applicants’ claim 1.   The terpolymers are described as useful in the formation of food film55                                                                                         
                wraps.   Steinert describes every limitation of claim 1 except the limitation that the film is a biaxially56                                                                                                                   
                stretched heat shrinkable film.  Lustig and Warren describe biaxially stretched heat shrinkable films made                  
                from a copolymer of ethylene and one or more alpha olefins.  Thus, these patents generally teach and do                     
                not exclude terpolymers.  Both Lustig and Warren teach biaxially stretched heat shrinkable films formed                     
                from ethylene polymers having densities less than 0.915 g/cm .   In our view, the person having ordinary3 57                                                         
                skill in the art would have been motivated to form biaxially stretched heat shrinkable films from the                       
                terpolymers described by Steinert in order to obtain a film with improved optical properties, improved haze                 

                        54Steinert, page 3, lines 36-37.                                                                                     
                        55Steinert, page 4, table 1, and page 5, table 3.                                                                    
                        56Steinert, page 3, lines 54-59.                                                                                     
                        57Lustig, column 2, lines 17-20; Warren, column 4, lines 16-17.                                                      
                                                                    15                                                                      





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007