SUGANO et al v. TAKAHAMA - Page 10




               68.     On September 29, 1992, IN 15622 was transferred from the patent liaison to patent attorney                     
               Bowman.  GR 20-21, ¶ 37; GR 22-23, ¶ 42, GX 67.                                                                        
               69.     The time period between the letter to Drs. Hill and Geerts and transferring IN 15622 to a                      
               patent attorney was 7 days.                                                                                            
               70.     On October 21, 1992, the Phillips Invention Committee decided that an application should                       
               be filed on the invention described in IN 15622 but that it should be part of Case 33136.  GR 21, ¶                    
               38; GX 67.                                                                                                             
               The Boroxine Work                                                                                                      
               71.     After September, 1990, while matters were pending with the patent liaison, Geerts began                        
               work a different way of making organo-aluminoxy co-catalysts.  This method employed the reaction                       
               of an aluminoxane with an organo boroxine.  GR 205-206,  ¶ 21-22.                                                      
               72.     Case Number 33120 was assigned to the boroxine invention.  GR 27, ¶ 54.                                        
               73.     The boroxine work resulted in the filing of application 08/373,129 on February 12, 1993, and                   
               a divisional application January 17, 1995.  These applications matured into U.S. Patent 6,005,061.                     
               GR 205-206, ¶ 21; GR 325, ¶ 5; GX 83; GX 2.                                                                            
               74.     The 061 patent is not an involved patent in this interference or relied upon for benefit.                      
               75.     The 061 patent is of record as GX 2.                                                                           
               76.     The work described in the 061 patent  relates to the formation of a cocatalyst by the reaction                 
               of an organo aluminoxane with an organo boroxine compound.  Paper 62, p. 133-134; GX 2, col. 2,                        
               lines 29-33.                                                                                                           
               77.     The organo aluminoxanes referred to in the 061 patent are said to be compounds including                       
               a multiplicity of the following groups:                                                                                

                                                          O     Al                                                                    
                                                                R                                                                     


               R in the formula represents a hydrocarbyl group.  GX 2, col. 1, lines 4-15.                                            



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