Ex parte BRINEN - Page 3




                 Appeal No. 97-2098                                                                                                                     
                 Application No. 08/401,514                                                                                                             

                 Tsutsui et al.                                        5,266,544                                    Nov. 30,                            
                 1993                                                                                                                                   
                 (Tsutsui)                                                                                                                              

                          All of the appealed claims stand rejected under 35 U.S.C.                                                                     
                 § 103 as being unpatentable over Tsutsui.2                                                                                             
                          We refer to the brief and to the answer for a complete                                                                        
                 exposition of the opposing viewpoints expressed by the                                                                                 
                 appellant and the examiner concerning the above noted                                                                                  
                 rejection.                                                                                                                             
                                                                     OPINION                                                                            
                          For the reasons set forth in the answer and below, we                                                                         
                 will sustain the rejection before us.                                                                                                  
                          We agree with the examiner that the Tsutsui reference                                                                         
                 evinces a prima facie case of obviousness with respect to a                                                                            
                 method for prepolymerizing the catalyst systems disclosed                                                                              
                 therein, including those having an activity within the here                                                                            
                 claim range, with an olefin monomer feed and added hydrogen.                                                                           
                 In support of his contrary view, the appellant argues that                                                                             
                 “(1) Tsutsui discloses a vast number of metallocenes with no                                                                           

                          2As correctly indicated on page 2 of the answer, the                                                                          
                 claims on appeal will stand or fall together; see 37 CFR §                                                                             
                 1.192(c)(7)                                                                                                                            
                 (1995).                                                                                                                                
                                                                           3                                                                            





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