Appeal No. 1999-1833 7
Application No. 08/480,728
find that the catalyst system of the reference comprises a mixture of a trialkyl aluminum, a
halide of titanium and a metal derivative of cyclopentadiene. See column 1, line 71 to
column 2, lines 21. The metal salt of cyclopentadiene includes alkali metal salts such as
lithium. Id. We find that among a limited number of cyclopentadiene derivatives lithium
cyclopentadienide is specifically disclosed. See column 3, lines 1-6. With respect to the
limitation of claim 19, directed to the molar ratio of lithium compound to transition metal
being at least 0.2, we find that the molar ratio is encompassed by the disclosure that,
“[t]he amount of cyclopentadienyl compound included in the catalyst mixture is generally
in the range of 0.01 to 0.5 mole per mole of titanium halide.” See column 3, lines
12-15. We further find that Example I utilizes 2 millimoles of "-TiCl3. We find that
Example II repeating the procedure of Example I utilizing sodium cyclopentadienide
discloses 0.5 millimoles of the alkali metal cyclopentadienide and 2 millimoles of the alpha
titanium trichloride. We conclude that the ratio of alkali metal cyclopentadienide to
transition metal required by the claimed subject matter is disclosed by Raich.
Based upon the above findings and analysis, we conclude that it would have been
obvious to the person having ordinary skill in the art to have added lithium
cyclopentadienide of Raich to the catalyst of Kioka for the purpose of decreasing the
amount of atactic polyolefin obtained and increasing the amount of isotacticity.
Accordingly, the examiner has established a prima facie case of obviousness with respect to
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