Ex Parte TAMURA et al - Page 3



          Appeal No. 2000-0998                                                        
          Application 08/521,432                                                      

               (4) trimerizing said ethylene to form 1-hexene;                        
               wherein said solvent added to the reaction vessel consists             
          essentially of 1-hexene and wherein said solvent added to the               
          reaction vessel is not removed from the 1-hexene formed by                  
          trimerization.                                                              
                                    THE REFERENCE                                     
          Reagen et al. (Reagen)          5,523,507          Jun.  4, 1996            
          (effective filing date on or before Dec. 13, 1991)                          
                                    THE REJECTION                                     
               Claims 1-8 stand rejected under 35 U.S.C. § 103 as obvious             
          over Reagen.                                                                
                                       OPINION                                        
               We reverse the aforementioned rejection.  We need to address           
          only claim 1, which is the sole independent claim.                          
               There is no dispute as to whether Reagen discloses a                   
          catalyst made by contacting components (A) to (D) in the                    
          appellants’ claim 1.  The dispute pertains to the 1-hexene                  
          solvent.                                                                    
               Reagen discloses that stable and active catalyst systems can           
          be formed in the presence of an unsaturated hydrocarbon (col. 12,           
          lines 65-66).  The disclosed unsaturated hydrocarbons include               
          1-hexene (col. 13, lines 22-23).1  Reagen teaches that the                  
               1 In tests in which the catalyst is prepared in 1-hexene (runs 7010-7013), 1-hexene is
          separated from the catalyst and the solvent added to the trimerization reactor is cyclohexane.
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