Ex parte MEYER - Page 16




                 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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