Appeal No. 1997-3497 Page 11
Application No. 08/312,295
(brief, pages 32 and 33), the isotacticity measured by a pentad
isotaxy index for the 6 sample olefins is slightly lower than the
isotacticity measured by a triad isotaxy index.
Based on this unsworn information, appellants, in effect,
urge that the 0.955 isotactic pentad fraction of the polymer used
by Shiga would have a triad isotaxy index above the maximum
called for in appealed claim 28. We do not find this argument
convincing. As explained by the examiner (answer, page 6), the
word "about" as used in reciting "about 96%" in claim 28 suggests
that values higher than 96% are included within the scope of
claim 28, including isotaxy index values corresponding to those
taught by Shiga. This is consistent with appellants'
specification at the paragraph bridging pages 5 and 6 thereof,
wherein only a minimum triad isotaxy index is indicated to be
important in forming appellants' film structure. Moreover, Shiga
discloses prior art polypropylene having a isotactic pentad
fraction of 0.945 (comparative example 1). Consequently, we
agree with the examiner that Shiga reasonably teaches that
product films may be made from polymers having an isotaxy index
corresponding to that of claim 28 depending on the desired
properties thereof.
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