Appeal No. 2004-2292
Application 09/747,537
(c) stretching the film of step (b) in the transverse direction (TD),
wherein the core layer comprises up to about 15 percent weight of the polymeric
modifier and up to about 15 percent by weight of the hydrocarbon resin, wherein said film
is biaxially oriented so as to be shrinkable in both the machine direction (MD) and the
transverse direction (TD), and wherein the first skin layer comprises a polymer selected
from the group consisting of ethylene-propylene random copolymers, ethylene-propylene-
butene random terpolymers, propylene-butene copolymers, and low density polyethylene.
The plain language of appealed claim 1 encompasses a multi-layer polymeric
shrink film comprising at least first and second skin layers on the specified sides of the
core layer. The transitional term “comprising” along with the indefinite article “a”
modifying each of the three specified layers, opens the claim to encompass polymeric
shrink films which include any manner of additional layers containing any manner of
polymers and other materials, such as additives for film and processing characteristics,
whether such layers may be characterized as “skin” or “core” layers. See generally, KCJ
Corp. v. Kinetic Concepts Inc., 223 F.3d 1351, 1356, 55 USPQ2d 1835, 1839-40 (Fed. Cir.
2000); Exxon Chem. Pats., Inc. v. Lubrizol Corp., 64 F.3d 1553, 1555, 35 USPQ2d 1801,
1802 (Fed. Cir. 1995) (“The claimed composition is defined as comprising - meaning
containing at least - five specific ingredients.”); In re Baxter, 656 F.2d 679, 686-87, 210
USPQ 795, 802-03 (CCPA 1981) (“As long as one of the monomers in the reaction is
propylene, any other monomer may be present, because the term ‘comprises’ permits the
inclusion of other steps, elements, or materials.”). The encompassed shrink films must “be
biaxially oriented so as to be shrinkable in both the machine direction (MD) and the
transverse direction (TD),” but there is no limitation on the amount shrinkable in either
direction, the only requirement being that “said film has greater than 20% overall area
reduction shrinkage at 135/C.”
The “first skin layer” comprises at least some amount, however small, of a polymer
selected from the Markush group consisting of certain co- and terpolymers, wherein the
term “butene” encompasses both 1-butene and 2-butene, otherwise known in the art as
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