Appeal No. 1998-3182
Application No. 08/459,526
is incorporated into the catalyst component” (page 9 of principal
brief, last full sentence). However, appellants have proffered
no objective evidence to support the argument that one of
ordinary skill in the art would not expect the polymer of
reference 13 to be bimodal. Indeed, appellants have presented no
objective evidence which demonstrates that the exemplified
polymers of Tsutsui are not bimodal. Regarding the arguments of
appellants based upon the Koltzenburg and Jungling publications,
in addition to the legitimate criticisms lodged by the examiner
in the answer, we note that appellants point to no disclosure in
the publications which states that catalyst systems of the type
disclosed by Tsutsui cannot be effective in preparing polymers
having a bimodal MWD.
Concerning separately argued claim 16, for the reasons set
forth above, we find that Tsutsui fairly teaches bridged
metallocenes and unbridged metallocene supported on the same
support. Likewise, we find that the reference fairly teaches all
the catalyst components, including alumoxane, on the same
support. As for the claim 22 requirement of contacting a
solution of the two metallocenes with the support material, it is
our view that Tsutsui teaches such by exemplifying the addition
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007