Ex parte KOBYLIVKER et al. - Page 2




          Appeal No. 1997-1795                                                        
          Application No. 08/442,617                                                  




               random block copolymer of polypropylene and                            
               polyethy-lene having a melting point of below 160°C                    
               and having about 3 percent random ethylene molecules                   
               and about 9 percent block ethylene molecules.                          
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
               Kunimune et al. (Kunimune)    4,211,819      Jul. 08, 1980             
               Gessner                       5,108,827      Apr. 28, 1982             
               Canadian Patent Application   2,126,014      Jun. 16, 1994             
               (Canadian '014)                                                        
               Appellants' claimed invention is directed to a nonwoven                
          fabric comprising a biconstituent blend of polypropylene                    
          having the recited isotacticity and a random block copolymer                
          of polypropylene and polyethylene having the recited amounts                
          of random ethylene molecules and block ethylene molecules.                  
               Appealed claims 6-11 and 14 stand rejected under 35                    
          U.S.C.                                                                      
          § 103 as being unpatentable over Gessner in view of Kunimune                
          or Canadian '014.                                                           
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we will not sustain the examiner's                     
          rejection.                                                                  
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