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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