Appeal 2007-1906
Application 11/127,887
cover such modifications as fall within the scope of the
appended claims.
(Specification 29).
Moreover, the referred to selection from the Encyclopedia of Polymer
Science and Technology (Br. Appendix B) directed to linear low density
polyethylene does not serve to prove that Appellant’s use of the claim term
“polyethylene” would have been construed by one of ordinary skill in the art
as excluding copolymers of propylene and ethylene, as disclosed by
Freedman for use in the base (core) film layer.
From our perspective, the Examiner has properly construed the
pending claims by giving them their broadest reasonable construction as
they would be understood by one of ordinary skill in the art. The Examiner
has correctly found that the claim term polyethylene is inclusive of ethylene
copolymers, as evidenced by dependent claim 8. Furthermore, the Examiner
has correctly determined that an ethylene copolymer, as claimed, is inclusive
of copolymers of ethylene with other monomers, such as propylene, without
any constraints on the relative amounts of the monomers employed therein.
Contrarily, Appellant has not persuasively explained why copolymers
containing propylene and ethylene of the applied reference would not have
been reasonably construed as ethylene copolymers within the scope of
representative claim 1 (see dependent claim 8). Thus, Appellant has not
identified any reversible error in the Examiner’s anticipation rejection of
representative claim 1 and the rejected claims grouped therewith.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: September 9, 2013