Ex Parte Knoeppel et al - Page 2

                Appeal 2007-2656                                                                             
                Application 11/133,685                                                                       

                      Appellants’ claimed invention is directed to a catalyst.  The described                
                and averred inventive catalyst of the present application is said to be a                    
                Ziegler-Natta type polyolefin catalyst (Specification  ¶ 002).  Claim 5 is                   
                illustrative and reproduced below:                                                           

                      5. A catalyst produced by a process comprising:                                        
                      a) contacting a catalyst component with an organometallic                              
                      preactivating agent, wherein the catalyst component is produced by a                   
                      process comprising,                                                                    
                            i) contacting a magnesium dialkoxide compound with a                             
                      halogenating agent to form a reaction product A;                                       
                            ii) contacting reaction product A with a first                                   
                      halogenating/titanating agent to form reaction product B;                              
                            iii) contacting reaction product B with a second                                 
                      halogenating/titanating agent to form reaction product C; and                          
                            iv) contacting reaction product C with a third                                   
                      halogenating/titanating agent to form a catalyst component.                            

                      The Examiner relies on the following prior art reference as evidence                   
                in rejecting the appealed claims:                                                            
                Shamshoum    US 5,817,591  Oct. 6, 1998                                                      

                      Claims 2-7 stand rejected under 35 U.S.C. § 102(b) as being                            
                anticipated by Shamshoum.                                                                    
                      Appellants argue the rejected claims as a group.  Thus, we select                      
                claim 5 as the representative claim on which we shall decide this appeal.                    


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