Ex Parte Gray et al - Page 2



               Appeal 2007-3668                                                                            
               Application 11/031,587                                                                      
                            contacting the catalyst with olefin monomer to form a                          
                      prepolymerized catalyst, wherein the Ziegler-Natta type catalyst is                  
                      made using a level of magnesium precursor, the magnesium precursor                   
                      chosen from the group consisting of dibutylmagnesium and                             
                      butylethylmagnesium and wherein the level of magnesium precursor                     
                      is adapted to produce a polymer having a percentage of polymer fines                 
                      of less than 0.5%.                                                                   
                            10. A process for modifying a Ziegler-Natta type catalyst                      
                      comprising:                                                                          
                            providing a Ziegler-Natta type catalyst; and                                   
                            contacting the catalyst with olefin monomer to form a                          
                      prepolymerized catalyst, wherein the Ziegler-Natta type catalyst is                  
                      formed using an organoaluminum compound, wherein the                                 
                      organoaluminum compound comprises triisobutylaluminum and                            
                      wherein the prepolymerized catalyst is capable of producing a                        
                      polymer having a percentage of polymer fines that is reduced when                    
                      compared to prepolymerized catalysts prepared with organoaluminum                    
                      compounds other than triisobutylaluminum.                                            
                      Appellants’ claimed invention is directed to a process for modifying a               
               Ziegler-Natta type catalyst. The polymer resulting from polymerization with                 
               the claimed catalyst is described as having a percentage of polymer fines of                
               less than 0.5% (claim 6); and having a percentage of polymer fines that is                  
               reduced when compared to prepolymerized catalysts prepared with                             
               organoaluminum compounds other than triisobutylaluminum (claim 10).                         
                      Appealed claims 2, 3, and 5-10 stand rejected under 35 U.S.C. § 112,                 
               first paragraph, as containing subject matter which was not described in the                
               original Specification in such a way as to reasonably convey that Appellants                
               were in possession of the invention now claimed at the time of filing.  This                

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