Appeal No. 1997-2344
Application No. 08/273,550
As evidence of obviousness of the herein claimed
invention, the examiner relies on the disclosures in the Hwo
patent. Hwo is specifically related to a method for promoting
the crystallization of thermoplastic butene-1 polymer
compositions such as isotactic butene-1-ethylene copolymer.
For this purpose, Hwo teaches in the “BACKGROUND OF THE
INVENTION” section of the patent (column 1, line 5 through
column 2, line 15) that typical nucleating agents for
promoting the crystallization of butene-1-polymers utilized by
prior art workers include, inter alia, polypropylene,
stearamide, and high density polyethylene. See Hwo
particularly at column 1, lines 46 and 57-58 and column 2,
lines 6 through 10. As emphasized by appellants in their
brief, Hwo’s patented invention was based on his discovery
that a combination of two specific additives, i.e., stearamide
and high density polyethylene, cooperate in a synergistic
fashion resulting in rapid processing speeds when a butene-1-
ethylene copolymer containing these particular nucleating
agents is fabricated into blow molded films.
Notwithstanding appellants’ arguments in their brief, we
find that the disclosures in Hwo establish a prima facie case
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