Ex parte KERSTING et al. - Page 6



          Appeal No. 95-0996                                                          
          Application 07/943,025                                                      

          173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057                           
          (1968)(“Where the legal conclusion of obviousness is not                    
          supported by facts it cannot stand.”).                                      


               B.  The Rejection Pursuant to 37 CFR § 1.196(b)                        
               The requirements of the process of claim 1 have been                   
          discussed above.  Tachikawa II discloses a process for                      
          copolymerizing ethylene with an alpha-olefin in the presence                
          of a Ziegler-Natta catalyst system (abstract and page 1, lines              
          7-10).  This reference teaches that these catalyst systems                  
          have a high catalytic activity which produces copolymer                     
          particles with poor properties (page 1, lines 25-30).                       
          Tachikawa II obviates this problem by temporarily inhibiting                
          catalyst activity as a result of contacting the catalyst with               
          an activity inhibitor (page 1, lines 30-35, and page 2, lines               
          5-9).  The catalyst system of the reference is formed by                    
          reacting a component containing titanium, halogen, and an                   
          organometallic compound such as magnesium, with an aluminum                 
          compound and an electron donor (page 2, line 10-page 7, line                
          13).  The activity inhibitor of the reference includes carbon               
          monoxide and carbon dioxide  (page 7, lines 14-16).3                                                

               All examples in the reference use carbon monoxide as the activity3                                                                     
          inhibitor except Example 5, which uses allene as the inhibitor.  See pages  
                                          6                                           




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