Appeal No. 2003-1718
Application No. 09/344,295
proportions of components of the polymer and the very
large range instantly claimed, it would have been
obvious to one having ordinary skill in the art at the
time the invention was made to have made the copolymer
of Wynne contain about 30-70% by weight polypropylene
and about 30-70% by weight of ethylene-monomer, since
it has been held that discovering an optimum value of
a result effective variable involves only routine
skill in the art. In re Boesch, 617 F.2d 272, 205
USPQ 215 (CCPA 1980). In the present invention, it
would have been obvious to optimize the amount of
polypropylene and ethylene-monomer motivated by the
desire to obtain a composite with superior reinforcing
stability.
Regarding the claim element “hydrophobic polypropylene
reinforcing mesh,” the examiner relies on the teaching of a
polypropylene scrim in Paeglis (column 10, lines 18-31) and
holds that “[i]t would have been obvious to have used Paeglis’
woven scrim as the scrim layer in Wynne motivated by the desire
to obtain a reinforced composite with some degree of
flexibility.” (Id. at page 4.)
The appellants, on the other hand, argue that Wynne
“neither discloses nor suggests a blend made up of about 30% to
about 70% by weight polypropylene and about 30% to about 70% by
weight ethylene-monomer, let alone sheets made from such a blend
that are reinforced by a hydrophobic polypropylene reinforcing
mesh.” (Appeal brief filed Oct. 4, 2002, paper 21, page 6.) As
to Paeglis, the appellants point out that “Paeglis [] does not
teach using a hydrophobic polyethylene [sic, polypropylene]
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