Appeal No. 1997-2378
Application No. 08/233,533
of Claude Brun and Laurent Duranel dated March 11, 1994, to
establish descriptive support in the specification, as
originally filed, for the claim language at issue. See Brief,
pp. 4-5.
We agree with the examiner that the specification alone
fails to provide descriptive support for the language at issue
in claims 25 and 27. For instance, at page 2, lines 8-10 of
the specification, the catalytic components, not the olefins
as argued by appellants, are said to preserve the morphology
of the support. See Brief, p. 4, lines 5-8 and 20-22.
Nevertheless, the specification in combination with the Kang
article and the declaration of Brun and Duranel establish that
the specification, as originally filed, provides the necessary
descriptive support.
Appellants rely on the declaration of Brun and Duranel to
establish that a polyhedron-shaped MgCl support necessarily
2
produces polyhedron-shaped polypropylene particles (Brief, p.
5):
in a REQUEST FOR RECONSIDERATION (Paper No. 29) which was
considered by the examiner. See Paper No. 31. The article
will hereinafter be referred to as the "Kang article."
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