Ex parte STANIEK - Page 7




          Appeal No. 1998-2636                                                        
          Application No. 08/534,961                                                  
          consideration which, in the absence of catalyst deactivation                
          or catalyst residue removal, may positively or negatively                   
          affect the results of adding a stabilizer to a polymer                      
          containing such catalyst components (e.g., see the second                   
          paragraph on page 195).  Contrary to the appellant’s apparent               
          belief, however, this teaching supports a conclusion of                     
          obviousness rather than nonobviousness.  This is because the                
          aforementioned teaching suggests that potential interactions                
          between stabilizers and catalyst components would not be a                  
          concern under conditions wherein the catalysts have been                    
          deactivated.  It is here appropriate to emphasize that Turner               
          explicitly teaches deactivating the catalyst in his polyolefin              
          (e.g., see line 63 in column 7 through line 1 in column 8).                 
          In this regard, it is also important to emphasize that the                  
          independent claim on appeal encompasses polyolefin which                    
          contains catalyst in either an active or inactive state as                  
          evinced by lines 1-17, especially lines 12-17 on page 14 of                 
          the subject specification.  In re Sneed, 710 F.2d 1544, 1548,               
          218 USPQ 385, 388 (Fed. Cir. 1983) (claims are to be given                  
          their broadest reasonable interpretation consistent with the                
          specification and should be read in light of the                            
          specification).                                                             
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