Ex Parte Winslow - Page 3



          Appeal No. 2005-2257                                                        
          Application No. 10/087,028                                                  

                    L is a neutral or charged ligand; and                             
                    p is a integer such that complex I is neutral and the             
                    valency of M is satisfied; and                                    
               2)   introducing at least one olefin into the reaction                 
                    vessel, wherein at least two molecules of olefin are              
                    coupled together.                                                 
               The reference set forth below is relied upon by the examiner           
          in the Section 102 rejection before us:                                     
          Hauptman et al. (Hauptman)     WO 01/923242 A2       Dec. 6, 2001           
          (published World Intell. Prop. Org. Patent Application)                     
               All of the appealed claims stand rejected under 35 U.S.C.              
          § 102(a) as being anticipated by Hauptman.                                  
                                       OPINION                                        
               Hauptman discloses compounds useful as olefin polymerization           
          catalysts including, for example, the ligands represented by                
          formulae XIV and XV shown on page 30.  The undisputed issue in              
          this appeal is whether the R26 and R27 substituents of these                 
          ligands comply with the appealed independent claim 12 definition            
          for catalyst substituents R1 and R2 and in particular the proviso           
          that “not more than 1 of R1 or R2 is a hydrocarbon which is                 
          branched at the imino-bonded carbon atom.”                                  
               Concerning this issue, the appellant and the examiner both             
          agree that Hauptman defines his R26 and R27 substituents as being            
          “each independently hydrocarbyl or substituted hydrocarbyl,                 
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