Appeal No. 1997-2344
Application No. 08/273,550
of obviousness for using a nucleating package composed of a
high melt flow polypropylene and stearamide. As observed
above, polypropylene and stearamide have been individually
used by prior art workers as nucleating agents for butene-1
polymers. It is well settled that it is prima facie obvious
to combine two components or two compositions each of which is
taught by the prior art to be useful for the same purpose to
form a third composition which is to be used for the very same
purpose. In re Susi, 440 F.2d 442, 445, 169 USPQ 423, 426
(CCPA 1971). Applying this principle of law to the
disclosures in Hwo, it would have been prima facie obvious to
form a nucleating package composed of both polypropylene and
stearamide because each material has been disclosed in the
prior art as individually useful for the very same purpose of
promoting the crystallization of thermoplastic butene-1
polymer compositions. The idea of combining them flows
logically from their having been individually taught in the
prior art.
We recognize, as stressed by appellants, that the herein
claimed invention is directed to a nucleating package
comprising a high melt flow polypropylene having a melt flow
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