Robert L. Dreyfus and John W. Harrison v. Martin M. Sternau

MARTIN, Judge

(concurring, with whom SMITH, Judge, joins).

I am unwilling to assume that Sternau discloses a high shrink energy polymer in deciding whether he can support the limitation of a “relatively elastic edge.” As I see it, if we make that assumption, a “relatively elastic edge” inherently must be formed in Sternau.

However, I agree with the majority that Sternau cannot make the limitation “a film of a high shrink energy polymer.” In my view, an analysis of the facts relating to that limitation shows the board erred in failing to appreciate the distinction between the types of polymers called for in Dreyfus by the above limitation as *418against the polymers Sternau contemplated under such terms as “shrinkable oriented films” and “transparent oriented plastic sheet.” I make no intimation as to what Sternau in fact may be entitled.