Appeal No. 95-3233
Application No. 08/094,477
claimed 20,000. The smallest Reynolds number of the
specification runs is 30,000 (Run I), which is 150 percent
greater than the claimed 20,000. Hence, the data is not
commensurate in scope with the degree of protection sought by
the appealed claims. In re Grasselli, 713 F.2d 731, 743, 218
USPQ 769, 778 (Fed. Cir. 1983).
We have not ignored appellants' argument that Kondo uses
active catalysts together with the propylene feed, whereas
appellants use precursor alone with the propylene feed.
However, as correctly explained by the examiner, Kondo
discloses at page 6 of the English translation that a catalyst
component alone, a precursor, can be fed along with the
monomer feed (lines 17-24). Also, although appellants contend
that "Kondo uses all of the liquid propylene in the catalyst
feed" (page 3 of third Reply Brief), claim 1 of Kondo recites
that the catalyst is introduced together with "at least part
of the total amount of alpha-olefin to be fed."
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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