Appeal No. 2002-0681
Application No. 09/353,207
(iii) each activator compound has the formula
Al(Rn)X(3-n) wherein each R is independently a saturated
aliphatic hydrocarbon radical having 1 to 14 carbon
atoms; each X is independently chlorine, bromine, or
iodine; and n is 1 to 3; and
(iv) no additional activator is introduced into the
reactor(s).
PRIOR ART
The examiner relies on the following sole prior art
reference:
Fowler et al. (Fowler) EP 0 771 820 May 07, 1997
(Published European Patent Application)
REJECTION
Claims 7 through 12 stand rejected under 35 U.S.C. § 103 as
unpatentable over the disclosure of Fowler.
We reverse.
For the reasons set forth at pages 4 through 9 of the Brief,
we concur with the appellants that the examiner has not
established that the claimed subject matter as a whole would have
been obvious to one of ordinary skill in the art in view of
Fowler within the meaning of 35 U.S.C. § 103. We only wish to
emphasize that the examiner, on this record, has not demonstrated
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