Appeal No. 1996-0328
Application 08/060,891
the inventive C C C terpolymer biaxially stretched, heat shrinkable film with the high burn through
2 4 6
resistance relative to similar C C and C C films is particularly noteworthy.” 62
2 4 2 8
1. Patentability of claims 15 and 21
Claims 15 adds a melt flow ratio value of at least 65 for the terpolymer of claim 1. Claim 21
requires the density of less than 0.915 g/cm , melt index of about 1.0 dg/min and melt flow ratio of at least3
65 for the terpolymer. Thus, claims 15 and 21 require a terpolymer having at least the combination of a
density of less than 0.915 g/cm and melt flow ratio value of at least 65. The examiner relies on Lustig to3
suggest the melt flow ratio. Lustig discloses polymers having a melt flow ratio from about 22 to about 40.63
Lustig does not disclose a melt flow ratio of at least 65. The examiner has not explained why one would
have been motivated to raise the melt flow ratio of Lustig’s copolymer to at least 65. Additionally, the other
references relied upon by the examiner do not describe or suggest a terpolymer with a density of less than
0.915 g/cm and the required melt flow ratio. The record lacks evidence showing that one having ordinary3
skill in the art would be able to adjust the melt flow ratio while maintaining the other properties within the
claimed range. The examiner has not directed us to any evidence that demonstrates that the person having
ordinary skill in the art would be able to make the changes to the melt flow ratio and simultaneously obtain
the claimed density. A conclusion of obviousness based upon a combination of references requires that
the references provide the person of ordinary skill in the art a reasonable expectation of success in obtaining
the claimed subject matter. Since the terpolymers would not have been obvious, it would not have been
obvious to make films from those polymers. The rejection of claims 15 and 21 is reversed.
2. Patentability of claims 18 and 19
Claim 18 adds the limitation “said terpolymer has a molecular weight distribution of at least 10” to
the subject matter of claim 1. Claim 19 adds “said terpolymer has a molecular weight distribution of at least
62Brief, page 23, lines 1-19.
63Lustig, paragraph bridging columns 8-9.
23
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