Appeal No. 2005-1211
Application No. 08/120,105
two polyolefinic components having melting points that differ by
at least 5°C. The composition is characterized by a broad,
bimodal or multimodal melting range in a DSC spectrum.
Appealed claims 15, 17-19, 21-25 and 27-32 stand rejected
under 35 U.S.C. § 112, first paragraph. The appealed claims also
stand rejected under 35 U.S.C. § 112, second paragraph.
In accordance with the grouping of claims set forth at
page 5 of appellants' Brief, claims 15, 17-19, 21-25 and 27-31
stand or fall together. Claim 32 is grouped separately.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we concur
with the examiner that the claimed subject matter runs afoul of
the first and second paragraphs of 35 U.S.C. § 112. Accordingly,
we will sustain the examiner's rejections.
We consider first the examiner's rejection of the appealed
claims under § 112, first paragraph. At the outset, we do not
subscribe to the examiner's reasoning that the claim 17
recitation "melting range in a DSC spectrum determined with a
heating/cooling rate of 20°C/min" does not find descriptive
support in the original specification. We agree with
appellants that the specification disclosure at page 14,
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