Ex parte AUBURN et al. - Page 2




            Appeal No. 95-2745                                                                           
            Application 08/008,256                                                                       


                  The subject matter on appeal is directed to a method of controlling the molecular      
            weight distribution (MWD) of a polyalpha-olefin during polymerization.                       
                 All the claims stand or fall together.  37 CFR § 1.192(c)(7). Claim 1 is illustrative  
            and reads as follows:                                                                        
                  1.  A method of controlling the molecular weight distribution of a polyalpha-olefin    
            during polymerization, comprising changing the aluminoxane to chromium ratio of a            
            polymerization catalyst comprising chromium and at least one aluminoxane during              
            polymerization to thereby adjust the molecular weight distribution of the produced           
            polyalphaolefin.                                                                             
                  The references relied upon by the examiner are:                                        
            Manyik et al. (Manyik '550)    3,231,550               Jan. 25, 1966                         
            Manyik et al. (Manyik '099)    3,242,099               Mar. 22, 1966                         
                  Claims 1-7, 9-19, 21-23 and 25-26 stand rejected under 35 U.S.C.§ 103 as               
            unpatentable over Manyik ‘550 or Manyik ‘099.   We reverse.                                  
                  Both Manyik ‘550 and Manyik '099 teach a process of polymerization of alpha-           
            olefins with a chromium/aluminoxane catalyst.  Both references teach that by “varying the    
            ratios of the components used to produce the catalyst complex.... one can vary the           
            properties of the polyolefin produced."  (See Manyik ‘550 at column 4, lines 36-40 and       
            Manyik ‘099 at column 4, lines 29-33).   It is the examiner’s position that this teaching alone
            is sufficient to establish a prima facie  case that Manyik ('099 and '550) have taught that  
            MWD can be controlled by changing the aluminoxane/ chromium ratio (Examiner’s                
            Answer, page 6, second paragraph).                                                           

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