Appeal No. 2000-0019
Application 08/977,451
those of ordinary skill in the art. In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,
1091 (Fed. Cir. 1991); In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA
1981).
In Marzola, we agree with the Examiner that the claimed polyolefin composition
was clearly described (See, e.g. page 2, column 2, line 29 – page 3, column 1, line 19).
Marzola also taught to obtain a desired melt flow index, it was common to add a
polyolefin modifier, e.g. a chain scission agent, as discussed at page 3, column 2, lines
11-19. The delivery of this agent is by addition to the polyolefin melt in Marzola.
Coleman, on the other hand, taught the incorporation of glass hollow
microspheres, including on some of them a chain scission agent, to give a composition
which could be applied in “rigorous” applications and be closely controlled (Page 2, lines
34-38). Coleman also taught the desirability of incorporating a chain scission agent,
which “acts to form free radicals in then polyolefin melt, and which is carried to the
polyolefin by the microspheres, [for] accurate control of mechanical properties”
(Coleman, page 2, lines 50-52).
In sum, both cited references taught the desirability of incorporating a chain
scission agent, one by inclusion in the polyolefin melt, the other optionally on the glass
microspheres, to one of ordinary skill in the art at the time the invention was made.
Page 8 of Coleman contains a discussion of Example Set 2 (Page 8) in which a
polypropylene homopolymer is compounded with uncoated microspheres and also with
3 The Examiner has also stated that “it has been held obvious to leave out a component
or step in a process if one is willing to accept the loss of its function,” citing In re Wilson,
377 F.2d 1014, 153 USPQ 740 (CCPA 1967).
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