Appeal No. 1996-0328
Application 08/060,891
having the claimed MFR values and polydispersity would be obvious candidates
for making the (BSHSF) of Lustig. [Bracketed material added.]60
The examiner also rejected claims 15, 18, 19 and 21 under 35 U.S.C. § 103 as unpatentable over
the combination of Lustig, Warren, Beran and Karol patents. The examiner’s position may be understood
from the following excerpt from the Examiner’s Answer:
These claims [15, 18, 19 and 21] differ from the remaining claims on
appeal because they have molecular weight distribution limitations.
While the primary references generally prefer ethylene polymers having
relatively narrow molecular weight distributions, films having the claimed molecular
weight distribution would be expected to produce satisfactory results since (1)
Lustig does not teach that it is critical that the ethylene polymers have a narrow
molecular weight distribution and (2) it is well known that ethylene polymers having
wide molecular weight distributions also make excellent films, e.g., as taught by
Beran (column 2, lines 51-57; column 3, lines 26-28).
It would also be obvious to prepare the ethylene terpolymers by the
process of Karol (page 3, line 20 to page 4, line 6) using the catalyst of Beran
because (1) both references teach that ethylene terpolymers may be prepared
(Karol, page 3, lines 28-29; Beran, column 2, lines 39-40, lines 60-67) and (2)
Beran teaches that the ethylene polymers having densities below 0.91 g/cc are
advantageously made using the process of Karol (column 5, lines 58-65). The
catalyst of Beran and the process of Karol would be expected to produce ethylene
terpolymers having the claimed properties (Beran, column 3, lines 3-12).61
[Bracketed material added.]
Applicants argue that their Examples 12 and 16 demonstrate the unexpected advantages of the
limitations of claims 15, 18, 19, and 21. Applicants’ position may be understood from the following
excerpt from the Brief: “Examples 12 and 16 also 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), and low melt index (claims 11, 14, and 22). The broad impulse sealing range of
60Examiner’s Answer, page 10, line 10 to page 11, line 16.
61Examiner’s Answer, page 9, line 11 to page 10, line 6.
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