Ex parte MEYER - Page 12




                 Appeal No. 1997-3282                                                                                                                   
                 Application No. 08/189,314                                                                                                             


                          copolymers being graft-modified by unsaturated                                                                                
                          carboxylic acids or their derivatives.                                                                                        

                          In addition to the above-mentioned components, the                                                                            
                          polyolefinic elastomers a may further contain dyes,                                                                           
                          pigments, weathering stabilizers, thermal                                                                                     
                          stabilizers, anti-blocking agents, lubricants,                                                                                
                          antistatic agents, plasticzers, crosslinkers ets.                                                                             
                          [sic, etc.], without departing from the ranges as                                                                             
                          defined on shearing modulus and wettability in the                                                                            
                          present invention.                                                                                                            

                          Shibano is silent as to the polyolefin's structural                                                                           
                 variables, such as molecular weight distribution and                                                                                   
                 composition distribution which affect the ultimate properties                                                                          
                 of the polymers.  Moreover, Shibano fails to teach any                                                                                 
                 criticality or desirability that the polyolefin polymers used                                                                          
                 therein be homogeneous exhibiting properties such as narrow                                                                            
                 molecular weight distribution, low polydispersity, single-                                                                             
                 point melting behavior, or even sequencing of comonomers                                                                               
                 within a chain which would support the examiner's finding that                                                                         
                 Shibano inherently teaches a CDBI of greater than 70 percent.                                                4                         

                          4Support for our determination that homogeneous                                                                               
                 polyolefin polymers have narrow compositional distribution and                                                                         
                 thus CDBI's of generally greater than 70 percent can be found                                                                          
                 in U. S. Patent No. 5,206,075, as discussed by appellant on                                                                            
                 pages 6-7 of the brief, and newly found reference U. S. Patent                                                                         
                                                                                                            (continued...)                              
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