Appeal No. 1997-1684
Application No. 08/223,916
purpose. See In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ
1069, 1072 (CCPA 1980).
In this regard, we note that Hoppin (column 1, lines 54-
61) explicitly suggests that a mixture of organosilane
electron donors can be used. While we would agree with
appellants that Shamshoum cannot be similarly interpreted as
explicitly suggesting such a combination, we are nevertheless
of the view that the disclosure of individual organosilane
electron donors in Shamshoum, as in Hoppin, establishes a
prima facie case of obviousness for the claimed combination
under the Kerkhoven rationale.
We agree with appellants that the comparative data
presented in their specification (Tables 1-6) provide evidence
of unexpected results when particular combinations of electron
donors at specific molar ratios are used in a propylene
polymerization process under specified conditions. As noted
in appellants' Brief, these results include:
(1) a decrease of xylene solubles at specified electron
donor molar ratios as the amount of electron donor which
resulted in a higher amount of xylene solubles, i.e. CMDS, was
increased (Tables 1-4);
6
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