Ex Parte KENNEDY et al - Page 6

          Appeal No. 1997-2234                                                        
          Application 08/254,345                                                      

               still more preferably, homogeneous ethylene/alpha-                     
               olefin copolymer having a density of from about 0.86 to                
               0.879.  As used herein, the term plastomer is inclusive                
               of such copolymers regardless of whether the copolymer                 
               is cured or uncured.                                                   
          At pages 24-26 of appellants’ specification, appellants provide             
          further definitions for the phrase “homogeneous polymer”, and               
          based on these definitions appellants argue that the claim term             
          “plastomer” is inclusive of homogeneous2 ethylene/alpha olefin              
          copolymers, but not inclusive of heteogeneous ethylene/alpha-               
          olefin copolymers, such as the Dowlex 2045-03 polymer.  See the             
          brief at page 15.  We point out, however, that appellants’                  
          definition of a "plastomer" at page 10, quoted above, does not              
          expressly exclude “heterogeneous” polymers, but is simply                   

               2 Consistent with appellants’ statement that the phrase                
          “homogeneous polymer” refers to polymerization reaction products            
          of relatively narrow molecular weight distribution                          
          (specification, page 24, lines 5-7), we note that all linear low            
          density polyethylene (LLDPE) resins are characterized as narrow             
          MWD copolymers.  See Handbook of Plastic Materials and                      
          Technology., Edited by Irvin I. Rubin, John Wiley & Sons, Inc.,             
          pps 311-15, c 1990, copy attached.  With respect to appellants’             
          disclosure in their specification at page 24, lines 5-13 that               
          “homogeneous” polymers are typically prepared using metallocene             
          catalysts, we note that U.S. Patent No. 5,462,807 issued to Halle           
          et al. (Halle) on October 31, 1995 based on an application filed            
          August 20, 1993, discloses that certain polymers derived from               
          metallocene catalysts “surprisingly heat seal extremely well” to            
          ionomers.  See the abstract of Halle.  However, Halle does not              
          refer to these polymers as “plastomers”.  A copy of Halle is                

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