Appeal No. 1997-3497 Page 10
Application No. 08/312,295
this regard, we note that the comparative examples in the
specification do not reflect the products of Shiga.
Like the examiner, we have separately considered the
patentability of independent claim 28 based on the additional
arguments presented in the brief and find ourselves in agreement
with the examiner's conclusion that the applied references render
that claim obvious to one of ordinary skill in the art, within
the meaning of 35 U.S.C. § 103.
Unlike claim 1 and the claims which depend therefrom, claim
28 does not require that the biaxially oriented polypropylene
film structure have any particular thickness, water vapor
transmission properties or that the product be made by using
particular stretching process conditions. However, claim 28 does
limit the product to one that includes at least one propylene
polymer in a propylene polymer ply thereof, which polymer is
characterized as having "an n-heptane-insoluble fraction which
has a triad-related chain isotaxy index, measured by means of
13C-NMR spectroscopy, of about 95 to about 96%...." Shiga, on
the other hand indicates their polymer isotactic pentad fraction
should be at least about 0.955 (column 3, lines 53-56 and
paragraph bridging columns 3 and 4). According to unsworn
information for various olefin polymers furnished by appellants
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