Appeal No. 1999-1832
Application No. 08/474,233
that the teaching by Ishimaru that the preferred catalysts, which
include the appellants’ organosilicon compound as an electron
donor, produce polyolefins with high stereoregularity and low
hydrocarbon solubles (abstract; col. 15, lines 50-53), indicates
that one of ordinary skill in the art would have expected
improved results to be obtained using Ishimaru’s organosilicon
compound as an electron donor in Mao’s process.
Third, the evidence in the appellants’ specification is not
commensurate in scope with the claims. See In re Grasselli, 713
F.2d 731, 743, 218 USPQ 769, 778 (Fed. Cir. 1983); In re Clemens,
622 F.2d 1029, 1035, 206 USPQ 289, 296 (CCPA 1980). The
appellants’ claim 14 encompasses broad ranges of 1) amounts of
titanium, magnesium, and halide, 2) compositions and amounts of
polycarboxylic acid ester and organic phosphorous compound,
3) composition and amount of the electron donor, and 4) Si/Ti
ratio. In the appellants’ examples the electron donors are used
in varying amounts, but only four electron donors are used and
the other variables are held constant. One of the electron
donors is dicyclopentyldimethoxysilane as recited in the
8
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