Appeal No. 95-0996
Application 07/943,025
inhibitor temporarily inactivates a part of [sic; or] all of
the active sites on the polymerization catalyst” (main answer,
page 3, and supplemental answer, page 1, emphasis added). The
examiner thus concludes that the reference contemplates
deactivating the catalyst (main answer, page 3). The examiner
does not present any reasoning or evidence to support this2
interpretation of Tachikawa I other than to state that the
phrase “of all” is redundant (supplemental answer, page 1).
We find the phrase found at page 7, lines 23-24, of Tachikawa
I is not redundant. From the disclosure and teachings of
Tachikawa I regarding the disadvantageous high rate of
reaction of conventional Ziegler-Natta catalysts, the role of
the activity inhibitor is as set forth on page 7, i.e., to
temporarily inactivate just part of all the catalyst’s active
sites. No other meaning can be adduced from the evidence of
record. The examiner’s conclusion that the reference
contemplates complete deactivation of the catalyst is not
based on facts. Accordingly, the rejection of claims 1 and 2
under 35 U.S.C. § 103 as unpatentable over Tachikawa I is
reversed. See In re Warner, 379 F.2d 1011, 1017, 154 USPQ
It is noted that appellants have cited Tachikawa et al., U.S. Patent2
No. 5,037,908, as corresponding to the priority document of Tachikawa I.
Appellants further note that the disputed language of Tachikawa I occurs at
column 5, lines 45-46, of the Tachikawa patent (reply brief, pages 2 and 3).
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