Appeal No. 94-3878
Application 07/740,529
under polymerization conditions with a catalyst comprising
a metal complex corresponding to the formula:
+ -
L MX RBY , wherein:m n 3
L is a delocalized B-bonding group or substituted group
containing up to 50 nonhydrogen atoms;
m is 0 or 1;
M is a metal of Group 4 of the Periodic Table;
X each occurrence is an inert, anionic ligand containing
up to 20 nonhydrogen atoms;
n is an integer greater than or equal to 1 and the sum of
m and n is one less than the valence of M;
R is hydrocarbyl, silyl, a combination thereof or a
substituted derivative thereof having up to 20 nonhydrogen atoms;
B is boron; and
Y is an inert covalently bound group having up to 40 atoms
and BY is a stable borane compound able to abstract an R group
3
from a compound of the formula LMX R.
m n
Claims 1 to 12 stand rejected under 35 U.S.C. § 112, first
paragraph, as being broader than the enabling disclosure.
We will not sustain this rejection.
An application disclosure which contains a teaching of the
manner and process of making and using an invention in terms which
correspond in scope to those used in describing and defining the
subject matter sought to be patented must be taken in compliance
with the enabling requirement of the first paragraph of 35 U.S.C.
2
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