Appeal No. 1997-1750
Application No. 08/524,024
titanium-containing solid component on a finely divided
carrier and an aluminum compound as a cocatalyst.
Appellants submit at page 4 of the principal brief that
"it is affirmed that the rejected claims stand or fall
together."
Appealed claims 8-11 stand rejected under 35 U.S.C. § 103
as being unpatentable over Toyota in view of Kerth.
We have thoroughly reviewed each of appellants' arguments
for patentability, as well as the declaration evidence relied
upon in support thereof. However, we are in full agreement
with the examiner that the claimed subject matter would have
been obvious to one of ordinary skill in the art within the
meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the examiner's rejection for the
reasons set forth in the Answer, which we incorporate herein,
and we add the following primarily for emphasis.
As explained by the examiner, Toyota discloses a process,
like appellants', for preparing a propylene-ethylene copolymer
with a Ziegler-Natta catalyst comprising a titanium-containing
solid component and an aluminum compound. The examiner sets
forth at page 4 of the Answer how the multi-stage process
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