Appeal No. 1997-3282 Application No. 08/189,314 insufficient to support a rejection under 35 U.S.C. § 103(a). Although polyolefin polymers having a very low density may indicate a narrow composition distribution as assessed by CDBI values generally above 70 percent, polymers having a low density do not necessarily have a narrow composition distribution. Furthermore, our review of Kitano and5 Patterson, applied by the Examiner, support a finding of nonobviousness since Kitano and Patterson fail to make up for the deficiencies of Shibano noted above. Therefore, the burden does not shift to the appellant to come forward with any evidence (i.e. a declaration) or arguments that a metallocene catalyst was commercially unavailable in 1979. In light of the foregoing, we will not sustain the examiner's § 103(a) rejection of independent claim 1 and claims 2 through 11 which depend therefrom. Independent claim 12 on appeal differs from independent 5See Mueller 6,027,776, column 5 line 4 through column 7, line 48 which teaches very low density polyethylene composed of either heterogeneous ethylene/alpha-olefins or homogeneous ethylene/alpha-olefins and the general properties and compositions of each. A copy is attached to this decision. 16Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007