Appeal No. 1998-1005
Application No. 08/362,042
is a C1-C10 alkyl group, X is Cl, Br or I, and y is 1 or 2.
(Column 3, line 66 to column 4, line 21; column 4, lines 41-43.)
Packaging Technology teaches that high density polyethylene
can be fabricated into films for packaging cereals, crackers,
and snack foods. (Pages 313-14.) In Figure 2, Packaging
Technology teaches that WVTR decreases with increasing density.
The examiner states:
It would have been obvious for one of ordinary
skill in the art at the time of the invention to use
the Welborn et al. polymers to fabricate films to be
used in conjunction with food products because
ethylene polymers are well known packaging materials
for food products as taught by the textbook [Packaging
Technology].
(Examiner's answer, page 5.)
The examiner further contends:
As to the properties claimed, the polymers
disclosed by Welborn et al. are made using the same
catalyst, starting material and process as the claimed
polymer; thus, it is inherent the polymers will have
the same properties as claimed.
(Id.)
The problem with the examiner's analysis regarding
inherency, however, is that the appellant is not merely claiming
an ethylene polymer. Here, Welborn does not teach an ethylene
[sic, ethylene vinyl acetate copolymer]." (Examiner's answer,
p. 5.)
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