Ex Parte Sone et al - Page 7

                Appeal 2007-0075                                                                              
                Application 10/759,299                                                                        

                aluminoxane, as part of their catalyst system.  (Answer 4 and 6).  However,                   
                the Examiner has correctly found (Answer 4 and 6) that:                                       
                      [I]t is well known in the art to add an aluminoxane to a catalyst                       
                      system for polymerizing conjugated dienes, already comprising                           
                      a) a lanthanum series rare earth metal compound, b) an                                  
                      organoaluminum and c) a halide compound, for the purpose of                             
                      obtaining improved activities in the catalyst system, resulting                         
                      in narrower molecular weight distribution, such as taught by                            
                      Tsujimoto et al. (See ¶ 25 in full translation of Tsujimoto et al.)                     
                We find Tsujimoto teaches that the inclusion of methyl aluminoxane in the                     
                catalyst system of the type described in Iketmatsu ‘103 and ‘406 improves                     
                the catalytic activity in polymerizing conjugated dienes and produces                         
                conjugated diene polymers having even narrower molecular weight                               
                distribution.  (See Tsujimoto, pages 14-16, with focus on the first paragraph                 
                of page 16; see also the Appellants’ admission at pages 3 and 4 of the                        
                Specification).                                                                               
                      Given the above teachings, we concur with the Examiner that one of                      
                ordinary skill in the art would have been led to employ methyl aluminoxane                    
                in the catalyst system of Iketmatsu ‘103 and ‘406, motivated by a reasonable                  
                expectation of successfully producing conjugated diene polymers having                        
                narrower molecular weight distributions (Mw/Mn) than those produced by                        
                Iketmatsu ‘103 or ‘406 (without methyl aluminoxane as part of the catalyst                    
                system).  One of ordinary skill in the art would also have been led to further                
                react the resulting conjugated diene polymers with the claimed coupling                       
                agent as taught by Iketmatsu ‘103 and ‘406, motivated by a reasonable                         
                expectation of successfully improving their compatibility with rubbers and                    
                fillers as required by both Iketmatus ‘103 and ‘406.  See also the Appellants’                

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