Ex Parte PENNINI et al - Page 2


         Appeal No. 2001-0968                                                        
         Application No. 08/894,423                                                  

         present invention is said to be capable of producing polyolefins            
         in the form of "free-flowing particles having a tamped bulk                 
         density higher than 0.5 g/cm3."  (Specification, page 3.)                   
         Further, the resulting polyolefins are said to contain "a                   
         particularly small fraction" of particles having a diameter of              
         500 Fm or smaller.  (Id.)  Further details of this appealed                 
         subject matter are recited in illustrative claim 1 reproduced               

         below:    1.  Solid catalyst component for the                              
              polymerization of olefins, comprising the product of                   
              the direct reaction, with no subsequent reactions with                 
              reducing organometallic compounds, between a titanium                  
              compound containing at least one Ti-halogen bond,                      
              optionally an electron-donor compound, and a support                   
              obtained by contacting a metal oxide containing                        
              hydroxyl groups with a solution comprising:                            
                   A)    magnesium chloride;                                         
                   B)    an alcohol in quantities ranging from 1 to 6                
                         moles per mole of magnesium chloride,                       
                   in an organic solvent C) which is either a                        
              halogenated hydrocarbon or an aromatic hydrocarbon, the                
              organic solvent being capable of bringing the magnesium                
              chloride in solution in quantities greater than or                     
              equal to 5 g per liter in the presence of the above                    
              mentioned quantities of alcohol B), said solvent not                   
              being able to form adducts with magnesium chloride.                    
              The examiner relies on the following prior art references as           
         evidence of unpatentability:                                                
         Zucchini et al.                4,305,840           Dec. 15, 1981            
              (Zucchini '840)                                                        
         Zucchini et al.                5,219,961           Jun. 15, 1993            
              (Zucchini '961)                                                        
         Banzi et al.                   5,578,540           Nov. 26, 1996            
              (Banzi)              (effective filing date Nov. 28, 1994)             

         Werner et al.                  0 274 099 A2        Jul. 13, 1988            
              (Werner)(published                                                     
              European patent publication)                                           


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