Ex parte SPITZ et al. - Page 9




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

          polymerizing alpha-olefins using a Ziegler catalyst system.                 
          According to the process disclosed in Bailly, prepolymer                    
          particles preserve the shape of the catalyst and polymers                   
          obtained therefrom occur in the form of a powder.  However, in              
          contrast to the claimed invention, the support and catalyst                 
          disclosed in Bailly are in the form of spheroidal particles.                
               Based on the record before us, one having ordinary skill               
          in the art would have expected the polypropylene particles of               
          Bailly to be spheroidal in shape.  The examiner recognizes as               
          much.  See Answer, p. 5 ("the polypropylene of Bailly is                    
          probably spherical in shape").  For this reason, the rejection              
          of claim 27 under                                                           
          35 U.S.C. § 102(e) is reversed.                                             















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