Appeal No. 1996-0328
Application 08/060,891
ratio of 2.7 is slightly below 3 and if 2.7 was rounded to the nearest whole number it would be 3. We find
that on the present record the ratio of 2.7 is “about 3.” Thus, the difference between the subject matter
of claims 9 and 10 and Steinert is the limitation that the film is a biaxially stretched heat shrinkable film. This
is the same difference discussed above with respect to claim 1. Accordingly, the subject matter of claims
9 and 10 would have been obvious to one of ordinary skill in the art for the reasons stated above regarding
claim 1. The rejection of claims 9 and 10 is affirmed.
Claim 14 adds the following limitation to the subject matter of claim 1, “wherein said terpolymer
has a melt index of about 1.0 dg/mins.” Steinert’s example 10 describes the melt index for the terpolymer
to be 0.98 g/10 min. When the melt index of 0.98 g/10mins is converted to the units dg/mins and held to
one significant digit, the melt index for example 10 would be 1.0 dg/mins. The difference between the
subject matter of claim 14 and Steinert is the limitation that the film is a biaxially stretched heat shrinkable
film. This is the same difference discussed above with respect to claim 1. Accordingly, the subject matter
of claim 14 would have been obvious to one of ordinary skill in the art for the reasons stated above
regarding claim 1. The rejection of claim 14 is affirmed.
c. Decision on claims 11, 22, 26, 32 and 36
Applicants have separately argued claims 11, 22 and 36. We treat each of these claims separately.
Claims 26 and 32, which depend from claim 22, stand with claim 22.
1. Patentability of claim 11
Claim 11 adds the following limitation to the subject matter of claim 1: “wherein said terpolymer
has a melt index of about 0.25 g/10 mins.” Thus, the terpolymer required by claim 11 must have the
combination of the specific density of less than 0.915g/cm and melt index of 0.25 g/10 mins. Steinert’s3
example 10 describes the melt index for the terpolymer to be 0.98 g/10min and the density to be
<0.915g/cm . This disclosure does not meet the terpolymer property limitations of claim 11. None of the3
other cited patents relied upon by the examiner expressly teach or describe terpolymers having the melt
18
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007