Appeal No. 97-2098
Application No. 08/401,514
direction toward selecting those having high activity,
specifically greater than about 100,000 g/g/hr, for
prepolymerization with hydrogen; and (2) Tsutsui leads away
from selecting the metallocenes required by Applicant’s claims
[because] [i]n the examples,
Tsutsui uses only one type of metallocene, namely,
bis(methylcyclopentadienyl) zirconium dichloride” (brief, page
4). This argument is unpersuasive.
In the first place, we share the examiner’s view that
Tsutsui discloses in columns 7 and 8 a relatively limited list
of transition metal compounds which are zirconium-based as
preferred by patentee (e.g., see lines 59 through 62 in column
6) and which include those disclosed by the appellant
(according to the examiner’s undisputed finding in the
paragraph bridging pages 5 and 6 of the answer). Furthermore,
we perceive no logic in the appellant’s viewpoint that
Tsutsui’s exemplification of only one metallocene type somehow
leads away from the other metallocenes disclosed by patentee
including those having a high activity. We see no reason why
an artisan with ordinary skill would have attached any
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