Appeal No. 1998-1005
Application No. 08/362,042
polymer film or packaging, much less an ethylene polymer film or
packaging for food with the combination of recited properties.
Further, none of the other applied prior art references teach a
film for food products made from an ethylene polymer having the
combination of the properties recited in the appealed claims.
The fact that the recited properties might be inherent in
following the combined teachings of the prior art is immaterial
if one of ordinary skill in the art did not appreciate or
recognize these inherent properties. In re Naylor, 369 F.2d
765, 767-68, 152 USPQ 106, 108 (CCPA 1966)("[T]he fact that a
rubbery polybutadiene having high 1,2-addition might be inherent
in following the combined teachings of the prior art is quite
immaterial if, as the record establishes here, one of ordinary
skill in the art would not appreciate or recognize that inherent
result.").
For these reasons, we reverse the examiner’s rejection
under 35 U.S.C. § 103(a) of all the appealed claims as
unpatentable over Welborn in view of Nordness, Nowlin, and
Packaging Technology.
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