Appeal No. 1997-0581
Application No. 08/168,549
conclusions set forth at pages 5 through 9 of the Answer. We
add the following primarily for emphasis and completeness.
The examiner finds (Answer, pages 5 and 6) that:
Either Strait or Kelusky discloses a process
occurring in an extruder (col. 1, line 44 of Strait
and Example 1 at col. 6 of Kelusky) whereby a
derivative of an ethylenically unsaturated
polycarboxylic acid such as maleic anhydride is
grafted upon a polyolefin such as a copolymer of
ethylene (see col. 2, lines 22-23 and 33 of Strait)
or a copolymer of propylene (see col. 3, lines 7-12
and col. 2, line 54 of Kelusky) in the presence of a
free-radical initiator (see col. 2, line 33 of
Strait and col. 2, line 32 of Kelusky) followed by
extrusion of the grafted product (col. 4, line 61 of
Strait and col. 5, line 58 of Kelusky). Note should
be made of the fact that the initiator can be fed in
a solvent as disclosed by Strait at col. 2, lines
56-57. Attention is drawn to col. 4, lines 14 and
44 of Kelusky which discloses the amounts of
grafting monomer and peroxide initiator to be 0.01-5
wt% and 0.01-1 wt%, respectively, by weight of
polymer. Particular note should be made of col. 2,
line 65 over to col. 3, line 7 of Strait and of
Examples 1-2 in col. 4 therein and of col. 4, line
64 over to col. 5, line 8 of Kelusky which teach
that the grafting process takes place under melt
process conditions viz. at a temperature > the
melting point of the (polyolefin) polymer. Since
the melting point of polyethylene is 130-145EC and
that of polypropylene is 189EC it is evident that the
reference process occurs at a temperature which
overlaps the presently claimed temperature range.
Appellants state (Reply Brief, page 2) that:
Again, appellants do not dispute the fact that
Strait et al. and Kelusky disclose an extrusion
grafting process, as explained in detail by the
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