37. PI 13910 describes, inter alia, the reaction of trimethylaluminum ((CH3)3Al) with methyl
boronic acid in toluene to obtain a co-catalyst which may be reacted with a transition metal to obtain
a catalyst capable of polymerizing ethylene and other 1-olefins. GX4 4.
38. A letter dated October 24, 1989, informed Dr. Geerts that PI 13910 had sufficient merit to
be presented to the Invention Committee and that Invention Number 14546 (IN 14546) was assigned
to the idea. GR 13, ¶ 16; GR 417, ¶ 15; GX 37.
39. On May 7, 1992, IN 14546 was transferred from the patent liaison to patent attorney Edward
L. Bowman. GR 13, ¶ 17; GX 59.
40. Almost 31 months passed between the date of the letter to Dr. Geerts and transfer of IN
14546 to the patent attorney.
41. Geerts provides no explanation for why IN 14546 was not promptly forwarded to a patent
attorney for further evaluation.
42. On May 22, 1992, the Phillips Invention Committee decided that an application should be
filed on IN 14546, which was assigned Case Number 33136 (Case 33136). GR 14, ¶ 18; GX 59.
Patent Idea Record 14114
43. On June 1, 1989, Dr. Geerts prepared a Patent Idea Record that was subsequently assigned
PI 14114. GR 15, ¶ 20; GR 227, ¶ 92; GR 417, ¶ 16; GX 7.
44. PI 14114 describes the reaction of trimethylaluminum (AlMe3) and methyl boronic acid
(MeB(OH)2) to form a co-catalyst which is mixed with a metallocene, cyclopentadienyl zirconium
dichloride (Cp2ZrCl2), to yield an ethylene polymerization catalyst. The catalyst is said to produce
polyethylene with “good particle form.” The catalyst was also said to have a polyethylene
productivity of 8300 gm P.E./gm catalyst C hr. GX 7.
45. A letter dated October 24, 1989, informed Dr. Geerts that PI 14114 had sufficient merit to
be presented to the Invention Committee and that IN 14545 was assigned to the idea. GR 15, ¶ 21;
GR 418, ¶ 21; GX 40.
46. On May 7, 1992, IN 14545 was transferred from the patent liaison to patent attorney
Bowman. GR 15, ¶ 22; GX 61.
4 “GX” means Geerts Exhibit.
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