Appeal No. 1998-3115
Application No. 08/384,520
weight average molecular weight of the resin” (col. 4,
lines 10-13) and that “[a]morphous poly-"-olefins, generally
regarded to be atactic, noncrystalline and lacking in a
molecular lattice structure which is characteristic of the
solid state, tend to lack well defined melting points. Such
amorphous poly-"-olefins have uses in adhesives and as
compatibilizers among other things” (col. 6, lines 30-35).
The examiner has not explained why, in view of this
indication that crystalline polyolefins, but not amorphous
polyolefins, provide the high strength property relied upon by
the examiner, one of ordinary skill in the art would have been
led by the applied references to add an amorphous propylene
polymer to the EP ‘813, EP ‘589 and JP ‘258 compositions.
Hence, the examiner has not carried the burden of establishing
a prima facie case of obviousness of the invention recited in
any of the appellants’ claims. We therefore reverse the
examiner’s rejection under 35 U.S.C. § 103.
DECISION
The rejections of claims 1-3, 5 and 6 under 35 U.S.C.
§ 112, second paragraph, and under 35 U.S.C. § 103 over Canich
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