Ex parte KERSTING et al. - Page 7



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

               Tachikawa II differs from Tachikawa I, as discussed                    
          above, by specifically teaching that “the active sites on the               
          polymerization catalyst are partly or entirely modified by the              
          activity inhibitor.” (page 8, lines 6-8, emphasis added).                   
          Thus complete deactivation is contemplated by Tachikawa II,                 
          although not exemplified.  This reference also teaches that                 
          this polymerization catalyst which has been contacted with the              
          activity inhibitor can be stored for periods of time, with                  
          subsequent reactivation by reaction with a cocatalyst such as               
          an organometallic compound (page 8, lines 9-11 and 13-16).                  
               Accordingly, in view of the disclosure of carbon dioxide               
          as an activity inhibitor and the teaching of complete                       
          deactivation of the catalyst system by Tachikawa II, the use                
          of this activity inhibitor in amounts to completely deactivate              
          a Ziegler-Natta catalyst system would have been obvious to one              
          of ordinary skill in the art within the meaning of 35 U.S.C. §              
          103.                                                                        
               EP ‘410 has a similar disclosure to that of Tachikawa II               
          in that Ziegler-Natta type catalyst systems used in the                     
          polymerization of alpha-olefins have too much activity and                  
          must be treated with polymerization inhibiting agents                       


          9-12 of Tachikawa II.                                                       
                                          7                                           




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