Appeal No. 1997-1750
Application No. 08/524,024
of the instant process further show a lower chlorine content
than those produced by Toyota" (page 7 of principal brief).
While the examiner concedes that the declaration data
evidences certain superior results relative to the Toyota
process, the examiner explains that the declaration results
representative of the present invention, using Kerth's
catalyst composition, would have been expected by one of
ordinary skill in the art in light of the Kerth disclosure.
In relevant part, Kerth discloses the following at column 1,
lines 56-68:
The catalyst system should be easy to prepare
and give a high yield of polymer, which should have
a very high isotactic fraction. The catalyst system
should also produce polymers having specific
morphological properties, for example uniform
particle size and/or a smaller content of very fine
particles and/or high bulk density. In addition to
these parameters which are important for controlling
polymerization systems, working up the polymers
and/or processing the latter, a low halogen content
of the polymer is important, especially with regard
to corrosion problems; this can be achieved by
increasing the polymer yield and/or by using a
catalyst system which has a very low halogen
content.
Based on this most relevant disclosure of Kerth, we must agree
with the examiner that the Declaration of appellants does not
establish unexpected results. It is not without significance
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