Ex parte DA SILVA et al. - Page 1




               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board      
                                                                                      
                                                             Paper No. 23             
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                           Ex parte JAMIE C. DA SILVA and                             
                            CECILIA MARIA O. DE FGUEIREDO                             
                                    _____________                                     
                                Appeal No. 1998-3157                                  
                             Application No. 08/466,797                               
                                    _____________                                     
                                HEARD: JUNE 13, 2001                                  
                                    _____________                                     
            Before WARREN, OWENS and PAWLIKOWSKI, Administrative Patent               
            Judges.                                                                   
                                                                                     
            PAWLIKOWSKI, Administrative Patent Judge.                                 


                                 DECISION ON APPEAL                                   
                 This is an appeal from the examiner’s final rejection                
            of claim 5, the only claim remaining in the application.                  
                                    THE INVENTION                                     
                 Claim 5 is illustrative of appellants and is                         
            reproduced below.                                                         
                      5. A process for preparing a spherical                          
                 polyethylene of ultra high molecular weight having an                
                 internal attrition angle of from 30 to 40° using a                   
                 Ziegler-Natta catalyst system in a hydrocarbon solvent               
                 which comprises contacting ethylene monomer with the                 
                 catalyst system in a hydrocarbon solvent and carrying                
                 out polymerization for one to three hours in the                     
                 presence of such catalyst system at 70-85°C and an                   
                 ethylene pressure between 14 to 20 kgf/cm2, wherein the              






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