Appeal No. 1997-2344
Application No. 08/273,550
evidence that the presence of a high density polyethylene
nucleating agent component would materially affect the basic
and novel properties of the herein claimed invention. See In
re Herz, 537 F.2d 549, 551-52, 190 USPQ 461, 463 (CCPA 1976).
In view of the above, we agree with the examiner’s
ultimate legal conclusion that the subject matter defined by
appealed claims 1 through 4, 7, and 9 would have been obvious
within the meaning of 35 U.S.C. § 103 and we therefore sustain
the rejection of these claims.
As correctly argued by appellants, Hwo contains no
teaching or suggestion of adding oxidized high density
polyethylene to a semi-crystalline polyolefin copolymer
composition as required by appealed dependent claims 6, 8, and
10, and we find no reasonable specific rebuttal to appellants’
arguments by the examiner in his
answer. It follows that we cannot sustain the examiner’s
section 103 rejection of claims 6, 8, and 10 in view of the
disclosures in Hwo.
In summary, we have sustained the examiner’s rejection of
claims 1 through 4, 7, and 9 but not of claims 6, 8, and 10.
The decision of the examiner is affirmed-in-part.
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