Appeal 2007-3668
Application 11/031,587
percentage of polymer fines of less than 0.5%. Moreover, we note the
Examiner in the Interview Summary, dated October 24, 2006, acknowledges
that paragraph “[009] only provide support for the Ziegler catalyst treated
with triisobutylaluminum providing polymer with less than 0.5% polymer
fines.”
The Examiner has failed to adequately explain why the Specification
would not have reasonably conveyed to a person of ordinary skill in the art
the scope of the presently invention claimed.
Accordingly, we are constrained to reverse the Examiner’s
35 U.S.C. § 112, first paragraph, rejection of claims 2, 3, and 5-9 as lacking
an adequate written description for the subject matter presently claimed.
ORDER
The rejection of claims 2, 3, and 5-9 under 35 U.S.C. § 112, first
paragraph is reversed. The rejection of claim 10 under 35 U.S.C. § 112, first
paragraph is affirmed.
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