Appeal No. 2006-2205 Page 5
Application No. 10/699,956
Starting with representative independent claim 43, we note
that the claimed method requires casting a film at a film line
speed of from about 35 to about 200 feet per minute wherein the
film comprises a homopolymer of syndiotactic propylene (sPP).
Appellants do not dispute that Shamshoum discloses a method of
casting a film at a film line speed corresponding to that
claimed. Nor do appellants dispute the examiner’s determination
that Shamshoum discloses that the film can incorporate or include
a homopolymer of sPP. See, e.g., the description of Examples 1
and 2 at columns 3 and 4 of Shamshoum.
Rather, appellants maintain that their claimed invention is
limited to casting an sPP film “in which the majority of the
polyolefin composition is syndiotactic polypropylene” as widely
recognized in the art (brief, page 3). In contrast, appellants
assert that the use of a small amount (.01 to about 30 %) of sPP
in the film that is cast in Shamshoum does not amount to a
majority of the polyolefin composition thereof. Thus, appellants
contend that Shamshoum is directed to highly isotactic
polypropylene (iPP) films rather than the claimed sPP film
casting or product that is required by the appealed claims.
We do not find that argument persuasive. Representative
independent claim 43 employs the transitional phrase “comprising”
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