Appeal No. 1997-1795
Application No. 08/442,617
The examiner's conclusion of obviousness rests upon the
erroneous finding that Gessner discloses random block
copolymers
of ethylene and propylene at column 2, lines 1-6 and column 2,
lines 55-56. Gessner, at column 2, lines 1-6, discloses the
following:
a multiconstituent fiber having a fineness of 5 to
50 microns and up to 95 percent by weight of other
fibers. Said multiconstituent fiber is composed of
a highly dispersed blend of at least two different
immiscible thermoplastic polymers and has a dominant
continuous polymer phase and at least one
noncontinuous phase dispersed therein.
Manifestly, the above-quoted portion of Gessner makes no
reference to a random block copolymer of polypropylene and
polyethylene. Also, the examiner's additional reliance on
Gessner's disclosure at column 2, lines 55-56 is similarly
wanting. Lines 55 and 56 of column 2 are part of a list of
exemplary polymers that can be intimately mixed to form a
blend of different polymers. Line 55 cites block copolymers
of ethylene and propylene, whereas line 56 specifies random
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