Appeal No. 2004-2292
Application 09/747,537
layers of the multi-layer isotactic polypropylene core containing polyolefin shrink films of
Schloegl (e.g., col. 3) and Peiffer (e.g., col. 4).
I am of the opinion that the combined teachings of Schloegl and Keller and of
Peiffer and Keller would have each reasonably suggested to one of ordinary skill in the art
that the polymeric modifiers for isotactic polypropylene disclosed by Keller can be added
to the core or base layer containing isotactic polypropylene of the biaxially oriented films
disclosed by Schloegl and by Peiffer in the reasonable expectation of obtaining films
useful in the method of producing uniaxially oriented films disclosed by Keller, thus
arriving at the claimed film of appealed claim 1 and the claimed method of appealed claim
19 without recourse to appellants’ disclosure.
Indeed, as interpreted above, there is no limitation in claims 1 and 19 on the
amount of shrinkage in either direction of the multi-layer polymeric shrink film product,
thus encompassing the shrinkage in the machine direction and the minimal shrinkage in
the transverse direction imparted by the method of Keller, and the method of claim 19 does
not exclude the secondary orientation step, that is, uniaxially stretching in the machine
direction, of the method of Keller. Furthermore, as I pointed out above (see p. 27), the use
of hydrocarbon resins as processing aids and to impart certain physical characteristics is
known in the art as appellants acknowledge and as established by Schloegl and Peiffer.
See Dow Chem., supra; Kerkhoven, supra; Keller, supra; see also O’Farrell, supra.
Accordingly, based on my consideration of the totality of the record on appeal, I
have weighed the evidence of obviousness found in the two grounds of rejection based on
the combined teachings of Schloegl and Keller, and the two grounds of rejection based on
the combined teachings of Peiffer and Keller,9 with appellants’ countervailing evidence of
9 The contents of Arita applied in combination in the grounds of rejection with respect
to appealed claim 12 are not necessary to my position. See In re Jones, 958 F.2d 347,
349, 21 USPQ2d 1941, 1942 (Fed. Cir. 1992); In re Kronig, 539 F.2d 1300, 1302-04,
190 USPQ 425, 426-28 (CCPA 1976).
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