Ex parte SCHLUND et al. - Page 17




          Appeal No. 95-1959                                                          
          Application 07/894,128                                                      
          Specifically, the examiner found that in light of the art                   
          recognition that the support's characteristics affect the                   
          characteristics of the polymers it is necessary to know the                 
          exact nature of the support used in any comparative run.                    
          Additionally, the examiner found that the skilled routineer                 
          would have expected certain catalysts within the scope of                   
          Claim 6 to produce atactic polypropylenes while other                       
          catalysts also within the scope of Claim 6 would have been                  
          expected to yield crystalline polypropylene.  Appellants have               
          not rebutted or even challenged these findings by the                       
          examiner.  We, therefore, accept them as true.                              
                    Accordingly, the decision of the examiner is                      
          AFFIRMED.                                                                   
                    No time period for taking any subsequent action in                
          connection with this appeal may be extended under 37 CFR                    
          1.136(a).                                                                   
                                      AFFIRMED                                        




                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                         17                                           





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