Appeal No. 1997-0186
Application No. 08/314,568
doubts the truth or accuracy of any statement in a
supporting disclosure and to back up assertions of
its own with acceptable evidence or reasoning which
is inconsistent with the contested statement.
Since the examiner has failed to present any reasoning or
evidence in support of the rejection, the rejection under 35
U.S.C. § 112, first paragraph, based on enablement is
reversed.
New ground of rejection
Claim 5 is rejected under 35 U.S.C. § 112, fourth
paragraph, as failing to further limit the subject matter of
claim 1.
Claim 1 recites:
A catalyst component for ethylene polymerization
formed by . . .
(2) reacting the supported organomagnesium
composition with an alkoxy silane . . . .
The specification clearly defines the claimed alkoxy
silanes as follows (p. 5, lines 14-16):
The alkoxy silane is of the formula R Si(OR') with
n 4-n
n ranging, for example, from 0 to 3, where R and R'
are also alkyl (e.g., C to C alkyl). [Emphasis1 6
added.]
Therefore, the alkoxy silanes recited in claim 1 are limited
to alkoxy silanes of the formula R Si(OR') with n ranging
n 4-n
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