Appeal No. 1998-3182
Application No. 08/459,526
and inventive polymers. However, these arguments of appellants
miss the point. The issue is not whether the polymers prepared
in the examples of Tsutsui have a bimodal MWD but, rather,
whether the catalyst systems fairly taught and exemplified by
Tsutsui possess the characteristics which enable them to prepare
such bimodal polymers under the proper set of operating
conditions. We emphasis, again, that the appealed claims define
a catalyst system, not a process of preparing bimodal poly-
olefins. Furthermore, we are not convinced that appellants have
persuasively demonstrated that the exemplified polymers of
Tsutsui are not bimodal. While appellants point out that the
polymers of Tsutsui have a different density and display a
different relationship between density and melting point than the
polymers of the present invention, appellants have not
established that the properties of Tsutsui’s polymers necessarily
correlate to a non-bimodal MWD.
Appellants also make the argument that the relatively small
amount of unbridged metallocene employed in Tsutsui’s Example 13
“would have substantially no olefin polymerization activity at
the conclusion of the procedure in which the bridged metallocene
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