Ex parte SPITZ et al. - Page 7




                 Appeal No. 1997-2378                                                                                                                  
                 Application No. 08/233,533                                                                                                            

                          words, the catalyst particle acts as a template for                                                                          
                          growth of the polymer particle.  . . . [Emphasis       12                                                                    
                          added.]                                                                                                                      
                          12J. Boor, Jr., Ziegler-Natta Catalysts and                                                                                  
                          Polymerization, Academic, New York, 1979.                                                                                    
                          The catalytic component of appellants' invention is said                                                                     
                 to have particles shaped as follows (Specification, pp. 13-                                                                           
                 14):                                                                                                                                  
                                   The catalytic component obtained from the MgCl2                                                                     
                          in accordance with the invention is also constituted                                                                         
                          of particles which have, when viewed under a                                                                                 
                          microscope, the form of essentially regular                                                                                  
                          polyhedrons with six or eight faces in which the                                                                             
                          paired symmetrically opposite faces are essentially                                                                          
                          parallel, two of which faces are large and elongated                                                                         
                          and form the top face and the bottom face of a                                                                               
                          polyhedron such that on each of them the longest                                                                             
                          diagonal (D) is larger than the shortest distance                                                                            
                          (d) separating two opposite sides, which large                                                                               
                          elongated faces are surrounded essentially                                                                                   
                          perpendicularly by the other essentially rectangular                                                                         
                          faces that form the sides of the said polyhedron . .                                                                         
                          . .                                                                                                                          
                 The ratio D/d of the catalytic component particles is said to                                                                         
                 be from 2 to 7.  See Specification, p. 14, lines 20-25.                                                                               
                          Therefore, based on the record before us, it is                                                                              
                 reasonable to conclude that one having ordinary skill in the                                                                          
                 art would have understood that the specification, as                                                                                  
                 originally filed, describes the invention of claims 25 and 27.                                                                        
                 See Wang Lab., Inc. v. Toshiba Corp., 993 F.2d 858, 866, 26                                                                           
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