Appeal No. 95-0996
Application 07/943,025
Carbon monoxide and carbon dioxide are the preferred
polymerization inhibitors of EP ‘410 (page 12, lines 32-35).
Carbon dioxide is specifically exemplified in Example 10 on
page 28 of EP ‘410. The reactivation of the catalyst system
by reaction with a co-catalyst is taught by EP ‘410 at page
14, lines 12 et seq. Some specific components of a Ziegler-
Natta catalyst, as recited in appealed claim 1, are disclosed
on pages 18-19 of EP ‘410. Electron donors as catalyst
components are taught by EP ‘410 on page 6. The “carboxylic
ester” component of the catalyst in appealed claim 1 is not
specifically disclosed or taught by EP ‘410 but such compounds
were well known components of Ziegler-Natta catalyst systems
(compare EP ‘410, page 5, line 11-13, and page 6, lines 4-8,
with Tachikawa II, page 2, lines 35-36).
For the foregoing reasons, the subject matter of
appealed claim 1 would have been obvious to one of ordinary
skill in the art within the meaning of 35 U.S.C. § 103 in view
of the disclosure and teachings of EP ‘410.
Although not discussed by appellants, the product-by-
process recited in claim 2 would have been obvious within the
meaning of 35 U.S.C. § 103 to one of ordinary skill in the art
given the disclosures and teachings of Tachikawa II or EP
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