Ex parte MEYER - Page 13




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


                 Instead, Shibano focuses on the properties of shearing modulus                                                                         
                 and wettability of suitable polyolefin polymers and further                                                                            
                 emphasizes the critical ranges of these properties necessary                                                                           
                 in carrying out the invention.  Shibano discusses the use of                                                                           
                 additives including cross-linkers and the combining of several                                                                         
                 polymers to create ethylene-alpha olefin copolymers having a                                                                           
                 density of 0.80 to 0.90 g/cm , which clearly teaches away from3                                                                                    
                 using homogeneous ethylene/alpha-olefins.  Our understanding,                                                                          
                 based on our evaluation of the Shibano patent, is that a                                                                               
                 person of ordinary skill in the art at the time the invention                                                                          
                 was made would have understood Shibano to teach or make                                                                                
                 obvious polyolefin polymers having a relatively wide variety                                                                           
                 of chain lengths and comonomer percentages resulting in a                                                                              
                 relatively wide variation in molecular weight and  composition                                                                         
                 distributions.                                                                                                                         


                          We agree with the appellant to the extent that the                                                                            
                 "[e]xaminer has not cited any references which taught or                                                                               


                          4(...continued)                                                                                                               
                 No. 3,931,356, col. 3, lines 37-40; col. 6, lines 56-62.  A                                                                            
                 copy of Dalton is attached to this decision.                                                                                           
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