Appeal 2006-1305
Application 10/236,270
Thus, according to the Examiner, Watanabe’s EVA1 having the relatively
low polar (vinyl) content of 5-40 wt % and relatively high melt flow index
of 10-5000 grams/10 minutes corresponds to the claimed ethylene
copolymer having the low polar (vinyl) content of below about 32 wt %, as
interpreted above, and the high melt flow index of greater than 400 grams/10
minutes. In addition, according to the Examiner, Watanabe’s EVA2 having
the relatively high polar (vinyl) content of 21-50 wt % and relatively low
melt flow index of 10-800 grams/10 minutes corresponds to the claimed
ethylene copolymer having the high polar (vinyl) content of from
about 33-60 wt %, as interpreted above, and the low melt flow index of less
than 400 grams/10 minutes.
Watanabe’s Examples 1 through 3 further illustrate the hot melt
adhesive formulations contemplated by its disclosure (Table 1; Translation
18). Examples 1 through 3 of Watanabe use a first ethylene-vinyl acetate
copolymer EVA-A having a polar (i.e., vinyl acetate) content of 15 wt %
and a melt flow index of 850 grams/10 minutes (Translation 14). This
ethylene-vinyl acetate corresponds to Appellants’ “ethylene copolymer
having a low polar content” having a melt flow index “greater than 400
grams/10 minutes.” The examples also include a second ethylene-vinyl
acetate copolymer EVA-B (Examples 1 and 3) or EVA-C (Example 2).
EVA-B has a polar (i.e., vinyl acetate) content of 27 wt % and a melt flow
index of 360 grams/10 minutes (Translation 15). EVA-C has a polar (i.e.,
vinyl acetate) content of 28 wt % and a melt flow index of 150 grams/10
minutes (Translation 16). The melt flow indices of EVA-B and EVA-C fall
within the claim 1 melt flow index limitation of “less than about 400
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