Ex parte MCGINTY et al. - Page 5




          Appeal No. 1998-3094                                                        
          Application No. 08/550,968                                                  

          plexifilimentary film-fibril strands of a fiber-forming                     
          polyolefin (col. 2, lines 52-53).  In figures 1, 3 and 4, the               
          solution contains 22 wt% polyethylene, which falls within the               
          appellants’ range of 8-35 wt%, and 78 wt% of a                              
          pentane/co-solvent spin liquid (co. 5, lines 7-16), which                   
          falls within the appellants’ range of 92-65 wt%.  The                       
          co-solvents in figures 1, 3                                                 
          and 4 are, respectively, methanol, HFC-134a (a hydrofluoro-                 


          carbon), and carbon dioxide.  All of these co-solvents are in               
          the appellants’ group A,  and the percentage of each co-3                                                   
          solvent in the spin liquid in figures 1, 3 and 4 is 10 wt%.                 
          Thus, the solutions used to obtain Shin’s figures 1, 3 and 4                
          anticipate the solution recited in the appellants’ claim 37.                
               The solution in the appellants’ claim 37 also is                       
          anticipated by the solutions in Shin’s examples 7-9 (table 2).              
          Each of these solutions contains 22 wt% polyethylene and 78                 
          wt% pentane/co-solvent spin liquid, 10 wt% of which is carbon               
          dioxide.                                                                    


               3Shin teaches that the co-solvents have atmospheric boiling point      
          temperatures which are less than 100ºC (col. 6, lines 25-29).               
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