Appeal No. 1996-1403 Page 3
Application No. 08/052,574
THE REJECTION
Claims 1 through 20 stand rejected under 35 U.S.C. § 103,
as being unpatentable over Arzoumanidis.
OPINION
We have carefully considered all of the arguments advanced
by appellants and the examiner and agree with appellants that
the aforementioned rejection is not well founded. Accordingly,
we will not sustain the rejection.
“[T]he examiner bears the initial burden, on review of the
prior art or on any other ground, of presenting a prima facie
case of unpatentability.” See In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner
relies upon a single reference to Arzoumanidis to reject the
claimed subject matter. The basic premise of the examiner’s
rejection is that patentee discloses electron donors that read
on those claimed herein. See Answer, page 3. Specifically,
the examiner relies upon the disclosure of electron donors by
Arzoumanidis in column 5, and 6. The most pertinent disclosure
appears in column 5, lines 45 - 57.
Organic electron donors useful in preparation of
stereospecific supported catalyst components many
times can be organic compounds containing one or more
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