SUGANO et al v. TAKAHAMA - Page 11




               78.     The 061 patent says that aluminoxanes may be formed “by the partial hydrolysis of                              
               hydrocarbyl aluminum compounds.”  GX 2, col. 1, lines 22-23.                                                           
               79.     No other method of making an aluminoxane is described in the 061 patent.                                       
               80.     The 061 patent describes organo boroxines as compounds represented by the formulas                             
               (RBO)3 and ((R’O)BO)3 where R and R’ are hydrocarbyl groups.  GX 2, col. 4, lines 16-40.                               
               81.     These boroxines may be represented by the following structural formulas:                                       
                                      R                                     R'O                                                       
                                         B    O                                   B    O                                              
                                      O          B    R                        O          B    OR'                                    
                                         B    O                                   B    O                                              
                                      R                                     R'O                                                       

               82.     Dr. Geerts testifies that the invention of the 061 patent                                                      
                               was an integral part of my continuing research effort aimed at developing                              
                               co-catalysts and catalyst composites for polymerizing olefins. . . .  [T]he work                       
                               that led to the '061 patent was, in my mind, a progression of the research                             
                               described above directed to finding new aluminoxane co-catalysts and new                               
                               ways of making aluminoxane co-catalysts.                                                               
               GR 205-06, ¶ 21.                                                                                                       
               83.     Commercial methylaluminoxane (MAO) is said to be a source of aluminoxane used in the                           
               boroxine work.GR 278, ¶ 271.                                                                                           
               84.     Commercial MAO is said to contain significant amounts of trimethylaluminum.   GR 278,                          
               ¶ 271.                                                                                                                 
               85.     Dr.  Geerts testifies that between September 23, 1991, and September 26, 1991, he did some                     
               experiments to determine if the trimethylaluminum present  in commercial MAO could be converted                        
               to MAO without impairing the usefulness of the MAO already in the mixture.  GR 278, ¶¶ 271-72.                         
               86.     In the experiment, Geerts attempted to react the trimethylaluminum present in commercial                       
               methylaluminoxane solution with boronic acid. A reaction was said to take place.  The reaction                         
               mixture was said to have been reacted with methoxyboroxine to form a precipitate which  was used                       
               to make a catalyst.  GR 278-79, ¶¶271-274; GX 16, p. 86.                                                               

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