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.
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