Appeal 2007-0072
Application 09/945,861
encompass polymerization catalyst components that include additional
ingredients, such as further active polymerization catalysts and co-catalyst
components. See, e.g., Exxon Chem. Pats., Inc. v. Lubrizol Corp., 64 F.3d
1553, 1555, 35 USPQ2d 1801, 1802 (Fed. Cir. 1995); In re Baxter, 656 F.2d
679, 686-87, 210 USPQ 795, 802-03 (CCPA 1981).
We agree with the Examiner’s findings of fact from Sugimura and
Brookhart. We further find Sugimura discloses the olefin polymerization
catalyst compositions disclosed therein can polymerize, among other things,
alpha olefins of 2 to 20 carbon atoms (Sugimura col. 56, ll. 42-46; see also,
e.g., col. 3, l. 2 to col. 3, l. 24, and col. 28, l. 47 to col. 30, l. 12). We further
note Brookhart discloses that the iron complex containing catalysts thereof
prepare alpha olefins of about 4 to 38 carbon atoms, and that the alpha-
olefins products can be further polymerized with other olefins to form
polyolefins as well as homopolymerized by known methods, including
“Ziegler-Natta-type polymerization, metallocene catalyzed polymerization”
(Brookhart col. 1, ll. 26-33, col. 10, ll. 13-27, and col. 16, ll. 8-15).
We find Appellants acknowledge “[v]arious reports of ‘simultaneous’
oligomerization and polymerization of ethylene . . . have appeared in the
literature” (Specification 2:6-16, citations omitted).
On this record, we determine the combined teachings of Sugimura and
Brookhart, the scope of which we determined above, provide convincing
evidence supporting the Examiner’s case that the claimed polymerization
catalyst components encompassed by claim 42, as we interpreted this claim
above, would have been prima facie obviousness to one of ordinary skill in
the olefin oligomerization and polymerization arts armed with the
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