Appeal No. 1999-1833 5
Application No. 08/480,728
The secondary reference to Bohmer discloses that the addition of cyclopentadiene
to a Ziegler type catalyst system increases the molecular weight of olefin obtained in a
polymerization process. See column 1, lines 46-49, column 2, lines 9-16, column 3, lines
47-50 and column 4, lines 35-40. The increase in molecular weight obtained however is
a result of the addition of cyclopentadiene in and of itself. It does not provide evidence
that utilization of a lithium cyclopentadienide would have the effect on the molecular
weight of an olefin obtained in the same or a similar polymerization process. We conclude
that Bohmer fails to support the examiner’s conclusion that “[i]t would be obvious [sic] [it
would have been obvious] to contact the catalyst of Kioka with a lithium cyclopentadienide
or lithium indene.” See Answer, page 3.
Similarly, the reference to Kataoka discloses a catalyst system for the polymerization
of olefinic monomers comprising cyclopentadiene and indene among other
components disclosed. However, even if the examiner was correct in his conclusion that
the addition of cyclopentadiene compound increases the molecular weight of an olefinic
polymer obtained in a polymerization process, the presence of cyclopentadiene or indene
does not provide evidence that utilization of lithium cyclopentadienide or lithium indene
would have the same effect on the molecular weight of an olefin obtained in the same or a
similar polymerization process. We conclude that Kataoka likewise fails to support the
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