Appeal No. 1998-0240
Application 08/522,479
The references cited by the Board are as follows:
Needham 5,366,675 Nov. 22, 1994
Bowen, Jr. 6,007,911 Dec. 28, 1999
Y. Lin et al., “The Effect of Pigments on the Development of Structure and Properties of
Polypropylene Filaments,” ANTEC 1991, pp. 1950-1954. (Y. Lin)
The Needham and Bowen patents are made of record and are cited on the attached PTO-892,
with copies of these patents attached to this decision. Y. Lin was previously made of record in the
Information Disclosure Statement, Paper No. 2, filed December 20, 1995.
The Rejections
(1) Claims 9-12 stand rejected under 35 U.S.C. § 112, first paragraph for being broader
than the enabling disclosure with respect to the term “higher melting point.”
(2) Claims 5, 9-12 stand rejected under 35 U.S.C. § 112, second paragraph as indefinite
due to the recitation of “between about” to define the amounts of nucleating agent present in the
compositions.
(3) Claim 9 stands rejected under 35 U.S.C. § 112, second paragraph as indefinite due to
the recitation “increase” with regards to the level of crimping.
(4) Claims 5 and 9-12 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Pike
in view of Connor.
Opinion
4
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