Appeal No. 2000-0998
Application 08/521,432
that ethylene and hexene can be co-trimerized, but does not point
out where Reagen teaches that this co-trimerization produces some
1-hexene. Also, the examiner provides no technical explanation
as to why this co-trimerization necessarily produces some
1-hexene. Hence, the examiner has not established that, even if
Reagen’s 1-hexene used in preparing the catalyst system were not
separated from the catalyst system but, instead, were used in the
co-trimerization of ethylene an 1-hexene as proposed by the
examiner, the process would be that claimed by the appellants.
See Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1052,
5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488 U.S. 825
(1988).
The examiner, therefore, has not carried the burden of
establishing a prima facie case of obviousness of the appellants’
claimed process. Accordingly, we reverse the examiner’s
rejection.
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