Appeal 2007-3668
Application 11/031,587
polymer having a percentage of polymer fines of less than 0.5%. (Answer 4-
5).
Appellant contends that support for the presently claimed invention
can be found throughout the specification including original claims 20 and
22 (Br. 2 and Reply Br. 1-2). The Specification discloses:
[A]nother embodiment of the invention is a polymerization process
comprising providing a Ziegler-Natta type catalyst and contacting the
Ziegler-Natta type catalyst with triisobutylaluminum to form a
precontacted catalyst. The precontacted catalyst is then contacted
with olefin monomer to form a prepolymerized catalyst. The
prepolymerized catalyst is contacted with olefin monomer under
polymerization reaction conditions to produce polymer fluff particles.
The precontacted catalyst is at least 20% larger in average particle
size than the Ziegler-Natta type catalyst and the prepolymerized
catalyst has at least 50% fewer particles with a size of 40 microns or
less than the precontacted catalyst less than 5% of the polymer fluff
particles are 700 microns or less in size and the number of polymer
fines produced is less than 0.5%.
(Specification 0009).
An ipsis verbis disclosure is not necessary to satisfy the written
description requirement of Section 112. Instead, the disclosure need only
reasonably convey to persons skilled in the art that the inventor had
possession of the subject matter in question. See In re Edwards, 568 F.2d
1349, 1351-52, 196 USPQ 465, 467 (CCPA 1978). We agree with the
Appellant, the Specification as originally filed clearly discloses the
prepolymerized catalyst is contacted with olefin monomer under
polymerization reaction conditions to produce a polymer having a
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Last modified: September 9, 2013