Ex parte MA et al. - Page 3




          Appeal No. 1997-2344                                                        
          Application No. 08/273,550                                                  

               The appealed claims stand rejected under 35 U.S.C. § 103               
          as unpatentable over Hwo.                                                   
               Because we agree with the examiner’s conclusion that the               
          subject matter defined by appealed claims 1 through 4, 7, and               
          9 would have been obvious to a person with ordinary skill in                
          the art, we sustain the rejection as to these claims.  We                   
          cannot sustain the rejection of claims 6, 8, and 10, however.               
               As evident from the representative claims reproduced                   
          above, the subject matter on appeal is generally directed to                
          the use of a defined “nucleating package,” composed of 1) a                 
          high melt flow polypropylene and 2) stearamide, to promote                  
          crystallization from the melt of a semi-crystalline polyolefin              
          copolymer, such as a butene-1-ethylene copolymer.                           
               At the outset, we observe that it is well known that                   
          certain additions of materials referred to as “foreign                      
          substances”, added to a polymer melt in finely divided form,                
          serve as “nucleating agents” for the subsequent                             
          crystallization of the polymers during cooling in a mold.                   
          These materials are also known to favorably influence the                   
          crystalline structure of the molded thermoplastic material.                 



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