Appeal No. 1998-1005
Application No. 08/362,042
Nordness, Nowlin, and Packaging Technology. (Examiner’s answer,
pages 4-6.)
We reverse this rejection.
Welborn describes ethylene polymers produced by
polymerizing ethylene, either alone or in combination with other
monomers such as alpha-olefins, in the presence of a catalyst
composition comprising at least a cyclopentadienyl-transition
metal compound and an aluminoxane at elevated temperatures and
pressures. (Column 3, lines 17-30.) In Tables I and II,
Welborn describes working examples of ethylene polymers having
densities within the range recited in the appealed claims.
Further, Welborn teaches that the polymers have molecular weight
distributions (Mw/Mn) typically from 1.5 to 3.0 and that these
polymers "are capable of being fabricated into a wide variety of
articles, as is known for homopolymers of ethylene and
copolymers of ethylene and higher alpha-olefins." (Column 8,
lines 12-28.)
As admitted by the examiner (examiner's answer, page 4),
Welborn does not disclose a food covered with a film or
packaging including an ethylene polymer having the recited
combination of properties. To account for this difference, the
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