The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte TSUTOMU USHIODA and TSUYOSHI YAHATA
____________
Appeal No. 2004-0770
Application No. 09/795,310
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ON BRIEF
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Before GARRIS, OWENS, and WALTZ, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
final rejection of claims 1 through 6, which are the only claims
pending in this application. We have jurisdiction pursuant to
35 U.S.C. § 134.
According to appellants, the invention is directed to a
polypropylene composition having the advantages of good flexibility
and good elastic recovery where the composition comprises (1)
from 1 to 99% by weight of elastomeric polypropylene obtained by
copolymerizing propylene and an olefin other than propylene in the
presence of a specified catalyst and (2) from 1 to 99% by weight of
atactic polypropylene (Brief, page 2). Appellants state that
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