Appeal No. 2000-1031
Application No. 08/591,330
Rejection under 35 U.S.C. § 102(b)
“To anticipate a claim, a prior art reference must disclose
every limitation of the claimed invention, either explicitly or
inherently.” In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d
1429, 1431 (Fed. Cir. 1997); accord Glaxo Inc. v. Novopharm
Ltd., 52 F.3d 1043, 1047, 34 USPQ2d 1565, 1567 (Fed. Cir. 1995).
In this case, we find that Hughes does not disclose every
limitation of appealed claim 1. Specifically, Hughes describes
a blend composition comprising a polyolefin polymer (e.g., a
conventional polyolefin such as LLDPE or HDPE) and between about
2 and about 70 wt.% (preferably between about 5 and about 30
wt.%) of a graft-modified substantially linear ethylene polymer.
(Column 5, lines 55-63.) According to Hughes, the graft-
modified substantially linear ethylene polymer provides improved
adhesive properties without adversely impacting the rheological
properties of the polymer. (Column 1, lines 55-62.) Hughes
teaches that the graft-modified substantially linear ethylene
polymer is obtained by grafting at least about 0.01 wt.% to
typically about 10 wt.%, based on the combined weight of the
ungrafted polymer and the grafting agent, (preferably at least
about 0.05 wt.% to preferably about 5 wt.%) of an unsaturated
organic compound (preferably maleic anhydride) on a
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