Ex Parte McAlpin et al - Page 2




          Appeal No. 2003-0695                                       Page 2           
          Application No. 09/732,014                                                  


                                     BACKGROUND                                       
               Appellants' invention relates to an article comprising an              
          isotactic copolymer of propylene and at least one alpha olefin              
          having 5 or more carbon atoms, the article having a specified               
          timed delayed compliance ratio property, which is a measure of              
          relative cold flow resistance.  An understanding of the invention           
          can be derived from a reading of exemplary claim 36, which is               
          reproduced below.                                                           
                    36. An article having an Rma value of at least about              
               1.1 comprised of an isotactic copolymer of propylene and at            
               least one "-olefin having 5 or more carbon atoms;                      
                    said at least one "-olefin or "-olefins being present             
               in the copolymer at a total mole percentage of said at least           
               one "-olefin or "-olefins in the range of from about 0.2 to            
               about 6 mole percent based on the total moles of monomer in            
               the copolymer;                                                         
                    wherein the ratio of the time delayed compliance (TDC)            
               for an article of a metallocene catalyzed propylene ethylene           
               copolymer, to the TDC of said article of said isotactic                
               copolymer, is said Rma and wherein the tensile modulus is              
               substantially the same for both articles and said TDCs are             
               measured at 25 ± 2°, after 480 seconds.                                

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Winter et al. (Winter)        5,145,819           Sep. 08, 1992             
          McAlpin et al. (McAlpin)      5,468,440           Nov. 21, 1995             
                                                  (filed May 06, 1994)                










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