Ex parte SCHWAGER et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
               The opinion in support of the decision being entered                   
               today (1) was not written for publication in a law                     
               journal and (2) is not binding precedent of the Board.                 
                                                               Paper No. 38           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                  ________________                                    
                     Ex parte HARALD SCHWAGER and JUERGEN KERTH                       
                                  ________________                                    
                                Appeal No. 1997-1750                                  
                             Application No. 08/524,024                               
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    

          Before KIMLIN, OWENS and WALTZ, Administrative Patent Judges.               
          KIMLIN, Administrative Patent Judge.                                        



                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 8-                
          11, all the claims remaining in the present application.                    
          Claim 8 is illustrative:                                                    
               8.  A process for preparing a propylene-ethylene                       
          copolymer which is conducted in three distinct polymerization               
          steps in the gas phase in an agitated fixed bed by means of a               
                                         -1-                                          




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