Appeal No. 1998-3115
Application No. 08/384,520
Even if the examiner’s findings regarding the teachings
of EP ‘813, EP ‘589 and JP ‘258 are correct, the examiner’s
argument is not persuasive because the examiner has not
adequately explained why the applied references would have
fairly suggested, to one of ordinary skill in the art,
combining the teachings of these references with that of
Canich. The examiner’s argument is that Canich teaches that a
polymer having a high molecular weight and a narrow molecular
weight distribution has high strength properties, and that it
would have been obvious to one of ordinary skill in the art to
include Canich’s polymer in the compositions of EP ‘813, EP
‘589 and JP ‘258 for strength improvement (answer, page 6).
The disclosure in Canich relied upon by the examiner
(answer, page 6) is: “A high weight average molecular
weight, (M ), when accompanied by a narrow molecular weight
w
distribution, (MWD), provides a polyolefin with high strength
properties” (col. 1, lines 42-45). Indeed, high strength is a
desirable property of the compositions of EP ‘813, EP ‘589
component (B)(c), in combination with a crystalline, high
isotactic index polypropylene, to improve impact resistance
(answer, page 7).
7
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