Appeal No. 1999-1679 7
Application No. 08/851,742
olefinic elastomers. See column 1, lines 41-49. The copolymers produced are
copolymers of ethylene with alpha olefins or copolymers of ethylene alpha olefins and at
least one diene. See claim 1. We find that the proportion of bonded propylene
exemplified ranges from 35.2%, Example 13 to 55%, Example 11. We determine that
there is no suggestion or teaching that ethylene may be homopolymerized or
copolymerized utilizing at least 90 mol.% ethylene as required by the claimed subject
matter. This is in accord with the examiners conclusion. See Answer, page 7.
As with the prior rejection, it is the examiner’s position that, “it would be obvious
to use the catalyst of Cuffiana to form the claimed ethylene polymers because it is well
known in this art that Ziegler-type catalysts having a titanium-magnesium-halogen solid
component and an aluminum alkyl activator normally may be used to form ethylene
elastomers or the claimed ethylene homo or copolymers.” See Answer, paragraph
bridging pages 7 and 8. We again disagree. The evidence submitted by the examiner fails
to support this conclusion.
Collomb-Ceccarini is directed to the production of polyolefins by polymerization or
copolymerization of alpha-olefins. See column 1, lines 10-12. The alpha olefins
comprise 2 to 8 carbon atoms. See column 3, lines 17-19. The examiner however has
offered no reason to combine this reference with Cuffiana. To the contrary, the examiner
has explicitly stated that, “Collomb-Ceccarini . . . is not really needed in this rejection.”
See Answer, page 9.
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