Appeal No. 2002-0184 -12-
Application No. 09/058,537
taught that it is necessary to tailor the MWD in order to improve processing properties
such as high extrusion rates by broadening the MWD (page 229, last paragraph and page
234 2nd full paragraph). However, Scheirs is deficient in not teaching methods of
broadening the MWD or specific molecular weight, viscosity, or melt flow characteristics of
composition with a broadened MWD.
The examiner accordingly relies upon the teachings of Nakagawa as discussed supra
to provide the requisite molecular weight distribution and accordingly, apply the teachings
of Nakagawa to Scheirs to achieve improved extrudability. See Answer, page 6.
As discussed above however, Nakagawa’s examples are directed to polymers other than
those required by the claimed subject matter and we have concluded that there is no
reason to believe that the requisite melt flow ratio index of 80 to 2500 required by the
claimed subject matter would have been achieved had the appellants actually prepared the
polymers of the claimed subject matter. Accordingly, the rejection of the claimed subject
matter over Scheirs in view of Nakagawa and the Admissions of Appellant are not
sustainable for the same reasons applied to the rejection of Nakagawa in view of the
Admissions of Appellant.
The Rejection Over EP’868 in view of Admissions by Appellant or Nakagawa, in view
of Admissions by Appellant and further in view of Scheirs
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