Appeal No. 2006-1673 Παγε 4
Application No. 09/913,725
The examiner has determined that Yano does not teach the use of
liquid ethylene-α-olefin oligomer as a composition component for
making the film, as required by appellants’ appealed claims.
Rather, Yano employs ethylenebisstearamide,
methylenebisstearamide or ethylenebisoleamide in forming a porous
film of desired properties, as noted by appellants (brief, page
4) and generally acknowledged by the examiner in the answers.
Thus, the examiner turns to Takayama for a teaching of the
use of a liquid ethylene-alpha-olefin oligomer in a resin
composition, as a lubricant.
In the background section of the Takayama patent
specification (paragraph bridging columns 1 and 2), Takayama
explains that:
of the answer to the contrary. While the Thomas translation does not fully comply with
the standards for a translation that we requested in our Remand (mailed September 28,
2005), we note that appellants and the examiner are in general agreement as to the
teachings of Yano and the Thomas translation is sufficiently readable to substantiate
that agreement. More particularly, the examiner makes it clear in both answers,
including at page 3 of the latest answer (mailed November 02, 2005) that Yano does not
teach a liquid ethylene-alpha-olefin oligomer component for the composition used in
forming the film of Yano. Appellants have agreed with that assessment of Yano.
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