Appeal No. 1997-2378
Application No. 08/233,533
essentially perpendicularly by the other essentially
rectangular faces that form the sides of the said polyhedron,
the length of the smaller side (e) of each of the said
essentially rectangular faces being less than the shortest
distance (d) separating the two opposite sides of the large
elongated faces and (2) a cocatalyst consisting essentially of
an organoaluminum compound, wherein the ratio D/d of the
particles is between 2 and 7.
The following rejections are at issue in this appeal:
(1) Claims 25 and 27 are rejected under 35 U.S.C. § 112,
first paragraph, based on written description.
(2) Claim 27 is rejected under 35 U.S.C. § 112, first
paragraph, based on enablement.
(3) Claim 27 is rejected under 35 U.S.C. § 102(e) as
being anticipated by Bailly et al.1
Rejections under 35 U.S.C. § 112
Claims 25 and 27 are rejected under 35 U.S.C. § 112,
first paragraph, based on written description. According to
the examiner, the specification, as originally filed, fails to
provide descriptive support for polyhedron-shaped
polypropylene particles as recited in claim 25 (Answer, p. 2):
1U.S. Patent No. 5,208,109 granted May 4, 1993, to Bailly
et al. Hereinafter the Bailly et al. patent will be referred
to as "Bailly."
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