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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007