We hold (1) that certain activities attributable to Geerts give rise to an inference that Geerts
suppressed or concealed the invention, (2) that work on the invention was renewed prior to Sugano’s
entry into the field and (3) that Geerts has failed to prove reasonable diligence from prior to Sugano’s
entry into the field to the filing of Geerts’ involved application.
Finding of Facts
The following findings are supported by a preponderance of the evidence:
The parties
1. This interference is between Patent 5,414,180 issued to Geerts and Application 08/887,265
filed by Sugano.
2. The real-parties-in-interest are of Phillips Petroleum Company (Phillips) for the Geerts Patent
and Mitsubishi Petrochemical Company, Ltd. for Sugano. Paper 6, p. 1; Paper 2, p. 2.
3. The Geerts patent issued from Application 08/092,143, filed July 14, 1993.
4. Sugano’s involved application was filed on July 2, 1997, and was accorded the benefit for
purpose of priority of application 08/422,322, filed April 13, 1995; application 08/161,464, filed
December 6, 1993, and Japanese applications 4-328211 and 4-328255, both filed December 8, 1992.
5. Sugano is the senior party by virtue of the December 8, 1992, benefit date of the Japanese
applications.
The subject matter of the interference
6. The parties’ inventions relate to organic aluminoxy compounds said to be useful as part of
a catalyst system for polymerizing olefins.
7. Olefins are hydrocarbon compounds having a single double bond which may be described
by the empirical formula CnH2n. Ethylene, C2H4 and propylene, C3H6, are examples of olefins.
8. Olefin molecules may be combined or “polymerized” into long chain molecules called
polyolefins. Polyethylene and polypropylene are examples. Many common plastics are made of
polyolefins.
9. Polyolefins are made from olefins by a reaction using a polymerization catalyst system.
10. One type of olefin polymerization catalyst system is a mixture of an aluminoxane and certain
metallocenes.
11. The aluminoxane in the catalyst system is often referred to as a co-catalyst.
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