Ex parte EDWARDS et al. - Page 4

          Appeal No. 1997-3906                                                        
          Application No. 08/233,482                                                  

          composition is capable of being extrusion coated at the                     
          claimed temperature range.  Instead, the process of Edwards                 
          comprises the extrusion coating of a polypropylene blend.                   
          Although this polypropylene blend may include up to 20 percent              
          low density polyethylene, this last mentioned component of                  
          patentee’s composition has a melt index below the appellants’               
          claimed range.  Moreover, we agree with the appellants that                 
          Example 9 of Edwards teaches away from a composition having                 
          more than 20 percent of this low density polyethylene                       
               In apparent recognition of this above noted distinction,               
          the examiner sets forth the following rationale in support of               
          his obviousness conclusion in the paragraph bridging pages 2                
          and 3 of the answer:                                                        
                    Process of claims differs from process of                         
               Edwards in the type of polyethylene composition                        
               (PEC) used.  The substitution of PEC of claimed                        
               process would be obvious because parameters required                   
               in extrusion coating does not differ significantly                     
               when PEC with similar or related physical makeup is                    
               employed[,] see column 2, column 4 of Edwards.                         
               Where significant differences might exist a skilled                    
               person in this art could carry out appropriate                         
               adjustments for extrusion coating by adjusting                         
               temperature so coating is uniformly applied.                           
               We perceive no evidentiary support for the examiner’s                  


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