Appeal No. 1998-3182
Application No. 08/459,526
weight distribution.
We also concur with the examiner that the exemplified
catalyst systems of Tsutsui are sufficiently similar to those
within the scope of the appealed claims to support the reasonable
conclusion that the exemplified systems would be effective in
preparing polyolefins having a bimodal molecular weight
distribution, and the burden is on appellants to prove otherwise
with objective evidence. In re Fitzgerald, 619 F.2d 67, 70, 205
USPQ 594, 596 (CCPA 1980). In re Best, 562 F.2d 1252, 1255, 195
USPQ 430, 433 (CCPA 1977). Since appellants acknowledge at page
2 of their specification that it was known in the art that
“[p]olyolefins having a multimodal MWD can be made by employing
two distinct and separate catalysts in the same reactor each
producing a polyolefin having a different MWD” (paragraph 2), it
is reasonable to conclude that the catalyst system of Tsutsui,
which employs distinct, separate catalysts, would be capable of
preparing a multimodal MWD.
Appellants have presented different reasons why one of
ordinary skill in the art would not expect that the polymers
prepared by Tsutsui have a bimodal MWD. In support of this
argument, appellants cite different properties of the reference
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