Ex Parte CECCHIN 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 39                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                                 Ex parte GIULIANO CECCHIN,                                                           
                                        ANTEO PELLICONI, ANTONIO CIARROCCHI                                                           
                                                      and PAOLO FERRARI                                                               
                                                         ______________                                                               
                                                      Appeal No. 1998-3209                                                            
                                                      Application 08/338,284                                                          
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, LIEBERMAN and KRATZ, Administrative Patent Judges.                                                      
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 1, 2 and 8, which are all of the claims in the application.  Claim 8, as it stands of                 
               record, is illustrative of the claims on appeal:                                                                       
               1.  Crystalline homopolymers of propylene or copolymers of propylene with from 0.5 to 6%, by                           
               weight with respect to the copolymer, of ethylene, a C4-8 alpha-olefin or both, prepared by                            
               sequential polymerization in at least two stages in the presence of a catalyst comprising a                            
               magnesium halide supported solid catalyst component, an Al-alkyl compound and an external                              
               electron donor compound consisting of a silane compound having bonded to the silicon atom at                           
               least one cyclopentyl group and one or more –OR group wherein R is C1-18 alkyl, C3-18                                  
               cycloalkyl, C6-18 aryl or C7-18 aralkyl radical and having a MIL > 2g/10 minutes, an intrinsic                         
               viscosity [η]in tetrahydronaphthalene at 135°C ≤ 2.8 dl/g, a Mw/Mn > 20, a content of fraction                         
               insoluble in xylene at 25° ≥ 94, flexural modulus from 1600 to 2700 MPa, notched Izod at 23°C                          

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