Ex parte REBHAN et al. - Page 5




          Appeal No. 95-3233                                                          
          Application No. 08/094,477                                                  


          dispute the examiner's factual determination that Brady                     
          discloses the claimed process of producing polypropylene with               
          the exception of not disclosing the claimed Reynolds number                 
          for the combined feed of catalyst precursor and propylene.                  
          Brady does teach that the cocatalyst can be introduced into                 
          the reaction zone while suspended in a stream of liquefied                  
          monomer, such as propylene (column 10, lines 51-54), but Brady              
          is silent with respect to the Reynolds number for the                       
          cocatalyst/monomer feed.  However, since appellants contend                 
          that the claimed Reynolds number results in low average resin               
          particle sizes and high resin bulk densities, and Brady                     
          discloses at column 12, lines 12-23, an average particle size               
          and bulk density that essentially correspond to the values                  
          disclosed in appellants' specification examples, we find it                 
          reasonable to conclude that Brady employs a sufficiently high               
          Reynolds number to obtain the desired average particle size                 
          and bulk density, i.e., a Reynolds number substantially as                  
          claimed.  In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977).              


               While we find it unfortunate that appellants have not                  
          simplified the issues on appeal by making of record the actual              

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