Ex Parte CALLAHAN et al - Page 2




            Appeal No. 2003-0029                                                                            
            Application No. 09/385,933                                                                      

                                             BACKGROUND                                                     
                   The invention generally relates to split resistant single layer or co-extruded           
             multilayered microporous membranes.  The microporous membrane is made by a                     
             process that includes preparing a film precursor by a blown film extrusion process at a        
             blow up ratio of at least 1.5, annealing the film precursor and stretching the resultant       
             annealed film to form the microporous membrane.  (Specification, p. 2).  According to          
             Appellants, the claimed invention has a tear resistance in the transverse direction of at      
             least 50 kgf/cm2.  (Brief, p. 3).  The claimed invention is useful in the formation of         
             battery separators.  Claims 1 and 7, which are representative of the invention, are            
             reproduced below:                                                                              
                   1.  A microporous membrane comprising a microporous membrane having at                   
                   least 80% by weight of a polymer selected from the group consisting of                   
                   polypropylene, polyethylene, and a copolymer thereof, and having a tear                  
                   resistance in the transverse direction of at least about 50 kgf/cm2, said                
                   membrane being a single layer or a co-extruded multi-layer membrane.                     
                   7.  A microporous membrane which comprises at least 80% by weight of                     
                   a polymer selected from the group consisting of polypropylene,                           
                   polyethylene, and a copolymer thereof, said microporous membrane                         
                   being a single layer or a co-extruded multi-layer membrane and being                     
                   prepared by a process comprising:                                                        
                   extruding a film precursor by a blown film method at a blow-up ratio of                  
                   at least about 1.5;                                                                      
                   annealing said film precursor; and                                                       

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