Appeal No. 1999-1189
Application 08/219,317
(CCPA 1960). Accordingly, we reverse the examiner’s rejection
over Batchelor taken with official notice.3
Since no prima facie case of obviousness has been
established, we need not address the experimental results. See
In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir.
1984); Rinehart, 531 F.2d at 1052, 189 USPQ at 147.
Rejection over Batchelor taken with
official notice and Latiolais
Latiolais discloses a homogeneous blend of a polyolefin and
an ethylene alkyl acrylate copolymer (page 5, lines 22-25).
Mixtures of alkyl acrylate comonomers, including methyl acrylate
and butyl acrylate, can be used to make the copolymer (page 11,
line 33 - page 12, line 7). Latiolais teaches that “polyolefin”
does not include the ethylene alkyl acrylate copolymers of
Latiolais’ invention (page 48, line 29 - page 49, line 6).
The examiner states that he relies upon Latiolais for a
demonstration of the state of the art with respect to EMAC and
EBAC and for a demonstration of a new method for making both of
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