Ex Parte Moman et al - Page 2



            Appeal 2006-2487                                                                                 
            Application 10/227,075                                                                           

                         (a) treating PVC-based particles with an organomagnesium compound                   
                   in an inert hydrocarbon solvent; and                                                      
                                                                                                            
                         (b) contacting said treated PVC-based particles of step (a) with a                  
                   transition metal compound selected from the group consisting of TiCl4,                    
                   VCl4, and ZrCl4, in the absence of an electron donor.                                     
                   The Examiner relies upon the following reference as evidence of                           
            obviousness:                                                                                     
                   Sasaki                                     US 5,051,484                           Sep. 24, 1991
                   All of the appealed claims stand rejected under 35 U.S.C. § 103(a) as being               
            unpatentable over Sasaki.                                                                        
                   Appellants submit at page 5 of the principal Brief that all the appealed                  
            claims “stand or fall together.”  Accordingly, all the appealed claims stand or fall             
            together with claim 1.                                                                           
                   We have thoroughly reviewed each of Appellants’ arguments set forth in the                
            principal and Reply Briefs on appeal.  However, we are in complete agreement                     
            with the Examiner that the claimed subject matter would have been obvious to one                 
            of ordinary skill in the art within the meaning of Section 103 in view of the applied            
            prior art.  Accordingly, we will sustain the Examiner’s rejection as set forth in the            
            Answer, which we incorporate herein, and we add the following for emphasis only.                 
                   As explained by the Examiner, Sasaki, like Appellants, discloses a process                
            for polymerizing olefins by contacting the olefin in the absence of an electron                  
            donor with a catalyst composition prepared by treating PVC-particles with an                     
            organo magnesium compound in a hydrocarbon solvent, and treating the PVC-                        
            particles with a transition metal compound, e.g., TiCl4.  Consequently, we have no               
            doubt that one of ordinary skill in the art would have found it prima facie obvious              

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