Ex parte MARKS et al. - Page 3




          Appeal No. 95-3845                                                          
          Application 08/132,736                                                      


               Tsutsui discloses an olefin polymerization catalyst                    
          comprising a solid titanium catalyst component containing                   
          titanium, magnesium and halogen as its essential components,                
          which supports 1) a transition metal compound containing a                  
          ligand having a cycloalkadienyl skeleton and, if necessary, 2)              
          an organoaluminum oxy-compound (col. 3, lines 1-8).  The                    
          organoaluminum oxy-compound may be a known aluminoxane or a                 
          benzene-insoluble organoaluminum oxy-compound which the                     
          patentees state that they discovered (col. 8, lines 27-31).                 
          The disclosed known aluminoxanes include dialkylaluminum                    
          aryloxides (col. 8, line 55 - col. 9, line 3).  The benzene-                
          insoluble organoaluminum oxy-compounds, the disclosure of                   
          which is relied upon by the examiner in his rejection (answer,              
          page 3), include compounds having units which have an aryloxy               
          group with 6 to 20 carbon atoms (col. 10, line 51 - col. 11,                
          line 2).  The units having an aryloxy group can be the                      
          predominant component of the organoaluminum oxy-compound (col.              
          11, lines 2-11).  Tsutsui does not disclose that the aryloxy                
          group can be substituted, let alone be substituted with an                  
          electron withdrawing group.                                                 
               The examiner argues (answer, pages 4-5) that                           
                                          3-3-                                        





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