Ex parte STANIEK - Page 5




          Appeal No. 1998-2636                                                        
          Application No. 08/534,961                                                  
               We will sustain the examiner’s section 103 rejection for               
          the reasons set forth below.                                                
               Mathis discloses a polyolefinic composition which                      
          comprises a polyolefin-stabilizing, phosphorous-containing                  
          compound of the type here defined as component a) in                        
          combination with a polyolefin albeit not the appellant’s                    
          specifically claimed polyolefin defined as component b) of                  
          appealed independent claim 1.  That is, the polyolefin of                   
          Mathis is not descrbied as having been produced in the                      
          presence of a Generation II, III, IV, or V catalyst which has               
          not been removed.  However, this last mentioned type of                     
          polyolefin is disclosed by Turner who expressly teaches that                
          the catalyst is not removed from the polymer and that                       
          antioxidants and other additives as are known in the art may                
          be added to the polymer (e.g., see the paragraph bridging                   
          columns 7 and 8).                                                           
               In light of these teachings, it would have been obvious                
          for one with ordinary skill in the art to use the polyolefin-               
          stabilizing compound of Mathis in combination with the                      
          catalyst-containing polyolefin of Turner particularly since                 
          the latter expressly teaches adding to this polymer                         
          antioxidants and other additives which are known in the art                 
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