Appeal No. 1997-4305
Application No. 08/477,023
Claim 7 is illustrative of the subject matter on appeal and is reproduced
below:
7. A process for making a mono-axially oriented polypropylene film
comprising:
1) [b]lending sodium benzoate at a level up to 1000 ppm into
polypropylene;
2) plasticating the polypropylene-sodium benzoate mix in an extruder,
3) extruding the polypropylene-sodium benzoate mix through a flat sheet
die to produce a polypropylene sheet,
4) contacting the polypropylene sheet with a cooling cylinder or a water
quenched bath,
5) drawing the polypropylene sheet longitudinally with respect to the
direction of extrusion at a temperature below the melting point of the
polypropylene and at a draw ratio in the longitudinal direction of at
least about 4:1.
The references relied upon by the examiner are1:
Hughes 3,540,979 Nov. 17, 1970
Kitamura et al. (Kitamura I) 4,675,247 Jun. 23, 1987
Kitamura et al. (Kitamura II) 4,761,462 Aug. 2, 1988
GROUND OF REJECTION
Claims 7-12 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Kitamura I, Kitamura II in view of Hughes and applicant’s specification.
We reverse.
1 We note that the examiner lists (Answer, page 2) the following documents as
relied upon: United States Patent Nos.: 5,112,894, 5,118,566 and 5,135,975, and
Japanese Patent Application 80329/1983. However, in our review of the
examiner’s statement of the rejection, we find that the examiner did not rely on these
documents, but instead relied upon appellant’s specification (page 3) which
discussed these documents. Accordingly, we did not include these references in
the above citation of references relied upon by the examiner, and we will not
consider these reference any further than they are characterized by appellant’s
specification as relied upon by the examiner.
2
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