Ex parte KLING et al. - Page 3


                   Appeal No. 1997-4443                                                                                            
                   Application No. 08/246,019                                                                                      

                   these compositions would process essentially the same oxygen transmission rate                                  
                   (hereinafter referred to as “OTR”).  (Page 2 of the office action mailed on July 26, 1995).                     
                          Appellants argue that Gerow does not disclose the vinylidene chloride                                    
                   composition of appellants’ claim 1.  Appellants stated that Gerow does not disclose a                           
                   glycerin ester containing at least 0.9 mol per mol of glycerin.  (Brief, page 5).  Appellants                   
                   argue that Gerow’s purpose of adding more-or diglycerides was to produce a film having                          
                   excellent artistetic properties, and therefore there are no teachings which would motivate                      
                   a person skilled in the art to add glycerin ester to the vinylidene chloride composition to                     
                   provide an OTR of less than 9 cc-mil/100 in2-atm-day.                                                           
                          Appellants argue that Yasumatsu discloses a vinyl chloride resin composition                             
                   containing a particular glycerin ester.  Appellant states that Yasumatsu does not disclose                      
                   a vinylidene chloride polymer formed from a monomer mixture wherein the major                                   
                   component is vinylidene chloride and the remainder is at least one monoethylenically                            
                   unsaturated monomer copolymerizable therewith, excluding vinyl chloride.  Nowhere                               
                   does Yasumatsu suggest to replace its vinyl chloride with vinylidene chloride polymer                           
                   recited in appellants’ claim 1.                                                                                 
                          Appellants argue that Grummit does not teach or suggest anything about a                                 
                   glycerin ester containing an acyl redical having 10-14 carbon atoms.  Also Grummit does                         
                   not teach or suggest adding a certain amount of a particular glycerin ester to the                              
                   composition to provide appellants’ claimed OTR.                                                                 
                          Appellants argue that Canadian Patent 621,638 does not disclose a vinylidene                             
                   chloride polymer formed from a monomer mixture wherein the major component is                                   




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