Ex parte AUBURN et al. - Page 3




            Appeal No. 95-2745                                                                           
            Application 08/008,256                                                                       


                  We disagree with the examiner’s position.   Manyik ('099 and '550) set forth a         
            minimum of five (5) process parameters that can be varied to vary the “properties of the     
            polyolefin produced."  As noted by appellants, there are a substantial number of important   
            properties for polyolefins, (Reply brief, page 3).  We agree with appellants that the Manyik 
            ('099 and '550) statements would include a large number of process variables and             
            properties.   Properties of polymers are influenced by their structure and thus, there is    
            some interrelationship between polymer  structure and polymer properties.   For example,     
            it is known that melt index and solubility are inversely proportional to the molecular weight
            of the polymer.  Manyik ('099 and '550) note that the melt index of the polymer product can  
            be controlled by controlling the temperature of the process.  However, contrary to the       
            examiner’s position, Manyik ('099 and '055)  do not teach how MWD interrelates with any      
            of the named process parameters.  The examiner's position that it would have been            
            obvious to optimize the process of Manyik ('990 and '550) by selecting a change in ratio of  
            the catalysts employed is unsupported since the examiner has failed to adduce evidence       
            of a relationship between the ratio of catalysts employed and MWD.                           










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