Appeal No. 1997-1795
Application No. 08/442,617
copolymers of ethylene and propylene. Hence, Gessner teaches
that the polymer blend may comprise block copolymers and
random copolymers, but this is not tantamount to a disclosure
of a random block polymer of propylene and ethylene, i.e., a
single copolymer having both random ethylene molecules and
block ethylene molecules.
Consequently, since the examiner has factually
misrepresented the disclosure of Gessner, and has presented no
rationale why a blend of a block copolymer and a random
copolymer would have rendered obvious appellants' random block
copolymer, we cannot sustain the examiner's rejection.
Based on the foregoing, the examiner's decision rejecting
the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
THOMAS A. WALTZ ) APPEALS AND
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