Ex Parte HERRMANN et al - Page 2




          Appeal No. 1997-3234                                                        
          Application 08/040,671                                                      


          recited process, and also claim the process.  Claim 1 is                    
          illustrative and reads as follows:                                          
               1.  A supported polymerization catalyst, which is prepared             
          by reacting a reaction product formed from an aluminoxane and at            
          least one metallocene with a microporous, polymeric support                 
          wherein the microporous, polymeric support has a pore volume of             
          at least 50% by volume, based on the total volume of the support            
          material.                                                                   
                                    THE REFERENCE                                     
          Kioka et al. (EP ‘312)          0 295 312          Dec. 21, 1988            
               (European patent application)                                          
                                    THE REJECTION                                     
               Claims 1, 3-5, 8, 13, 14, 16-22, 24-26 and 28 stand rejected           
          under 35 U.S.C. § 103 as being unpatentable over EP ‘312.                   
                                       OPINION                                        
               We have carefully considered all of the arguments advanced             
          by appellants and the examiner and agree with the examiner that             
          the claimed invention would have been obvious to one of ordinary            
          skill in the art at the time of appellants’ invention over the              
          applied prior art.  Accordingly, we affirm the aforementioned               
          rejection.                                                                  
               Appellants state (brief, page 4) that the claims stand or              
          fall in three groups: 1) claims 1, 3-5, 8, 13, 14 and 16-22,                
          2) claims 24, 26 and 28, and 3) claim 25.  We therefore limit our           
          discussion to one claim in each group, i.e., claims 1, 25 and 28.           
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