Ex parte DEPORTER et al. - Page 3





              Appeal No. 1996-3306                                                                                         
              Application No. 08/145,380                                                                                   
              virgin polyethylene with a density from about 0.93 to 0.945 grams per cubic centimeter and                   
              a melt index from about 0.01 to about 0.16 grams per ten minutes.                                            
                     Anzini teaches a process of making a polyethylene blend "comprised of at least two                    
              polyethylene components having at least one dissimilar rheological property" (Abstract).                     
              Before the two components are blended, at least one rheological parameter, such as melt                      
              index, is determined for each component (column 5, lines 4-9).  The two components are                       
              then "matched," whereby one of the components is treated with a free radical generator,                      
              such as benzoyl peroxide (col. 5, line 26), until its rheological property is substantially                  
              similar to that of the other component (col. 6, lines 20-36). Thereafter, the components are                 
              blended together in melt form (column. 9, lines 1-13).  In one place in the Anzini reference                 
              (column 4, line 44 to column 5, line 3), a wide variety of polyethylenes of various densities                
              and melt indexes are disclosed as acceptable candidates.  This disclosure broadly                            
              encompasses the densities and melt indexes specified for the claimed polyethylenes but                       
              there is no suggestion or indication to employ the particular polyethylenes claimed.                         
                     In another place (col. 7, lines 44-53), Anzini discloses the possibility of applying a                
              free radical treatment to a recycled polyethylene component and blending that with a virgin                  
              component.  This is similar to what the claims describe: contacting post-consumer                            
              polyethylene with organic peroxide and blending the result with virgin polyethylene. Here                    
              too the disclosure does not indicate or suggest employing post-consumer and virgin                           
              components of polyethylenes with the melt indices and densities in the ranges claimed.                       


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