Appeal No. 1996-0328
Application 08/060,891
and low hexane extractable concentration. In view of the similarity of the polymers, the person of ordinary
skill in the biaxially stretched heat shrinkable film art would have had a reasonable expectation of success
that biaxially stretched heat shrinkable films formed from the terpolymer described by Steinert would
provide the benefits of improved optical properties, improved haze and low hexane extractable
concentration.
Applicants argue that even if the combination of Lustig, Warren and Steinert were attempted, it
is as likely as not that an attempt would be made to use higher density terpolymers to make the biaxially
stretched heat shrinkable films because Steinert points to the use of terpolymers having a density above
0.915 g/cm . It is well settled that a prior art reference is relevant for all it teaches to those of ordinary skill3
in the art. In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992). Steinert’s
examples 5 and 10 describe terpolymers of ethylene, hexene-1 and butene-1 that have densities of 0.907
3 3
g/cm and <0.915 g/cm respectively which meet the density limitations of claim 1. The person having
ordinary skill in the art would have been motivated to form biaxially stretched heat shrinkable films from
the terpolymer described by Steinert’s examples 5 and 10 in order to obtain a film with improved optical
properties, improved haze and low hexane extractable concentration as taught by Steinert.
Applicants assert that the film described in Steinert’s example 5 has a reported haze of 26% which
is well above the preferred maximum haze value of 12% denoted in Steinert page 3, lines 57-59. However,
none of Applicants’ claims require a haze value for the films. Example 5 is evidence that films can be made
from ethylene terpolymers. Lustig and Warren teach the benefits of biaxially stretched heat shrinkable films.
Applicants also assert that no film was made from the terpolymer of example 10. Steinert58
discloses the suitability for the formation of film from terpolymers that have density below 0.915 g/cm . The3
fact that Steinert does not disclose that a film was made from example 10 does not indicate that the
terpolymer is not suitable for film formation. Steinert page 1, lines 50-58, describes the slurry production
58Brief, paragraph bridging pages 27-28.
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