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
attached.
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