Ex parte DAVIS - Page 3


          Appeal No. 1998-1005                                                         
          Application No. 08/362,042                                                   


               density in the range of from about 0.935 g/cm3 to about                 
               0.965 g/cm3 and a WVTR up to about 0.54 g/100 in2/24                    
               hrs./mil; wherein said ethylene polymer has an Mz/Mw                    
               less than about 2.5, said ethylene polymer having                       
               volatile levels not exceeding 100 wppm of < C20, and                    
               not exceeding 10 wppm of hexadecene.                                    
                    10.  A food consisting essentially of;                             
                    a)  a food; and                                                    
                    b)  a package covering and in contact with said                    
                        food, said package including a polyethylene,                   
                    i) a density in the range of from about 0.935                      
                         g/cm3 to about 0.965 g/cm3;                                   
                    ii) a WVTR up to about 0.54 g/m2/24hr/mil;                         
                    iii) a Mw/Mn up to about 3;                                        
                    iv) a Mz/Mw less than about 2;                                     
                    v) a Mz+1/Mw in the range of from about 1.4 to                     
                         about 1.9;                                                    
                    vi) a < C20 volatiles content less than about 75                   
                         wppm; and                                                     
                    vii) a hexadecene volatiles content less than                      
                         about 7.5 wppm.                                               
               The examiner relies on the following prior art references               
          as evidence of unpatentability:                                              
          Nowlin                  4,833,111            May  23, 1989                  
          Welborn, Jr. et al.      5,084,534            Jan. 28, 1992                  
               (Welborn)                                                               
          Nordness et al.          5,089,308            Feb. 18, 1992                  
               (Nordness)                                                              
               The Wiley Encyclopedia of Packaging Technology 313-14                   
          (Marilyn Bakker ed., 1986)(Packaging Technology).                            
               Claims 1 through 10 on appeal stand rejected under                      
          35 U.S.C. § 103(a) as unpatentable over Welborn in view of                   



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