87. The process of converting trimethylaluminum present in commercial MAO prior to
precipitation with borxine described in the preceding ¶ 86 is not described in Geerts’ involved patent.
88. The processes for making the co-catalylists according to the invention of the count and that
used in the boroxine work are different. Compare Finding of Facts ¶¶ 14 and 80.
89. None of the boroxine work appears in Geerts’ involved patent.
90. No reference to making aluminoxanes by reacting trihydrocarbyl aluminum with boronic acid
is present in the 061 patent.
91. No technical information from the boroxine experiments which facilitates the practice of the
invention of the count has been identified.
92. The boroxine work has not been shown to be closely related to the invention of the count.
93. The boroxine work and the invention of the count are significantly different.
Activities in June 1992
94. Drs. Geerts and Hill testified that Dr. Hill made ethylaluminoxane by reacting
triethylaluminum with methylboronic acid in June 1992. GR 359-361, ¶¶ 17-21; GR 305, ¶ 369;
GX 26, pp. 10-11.
95. Drs. Geerts and Hill testified that they prepared Patent Idea Record reporting this work. GR
364, ¶ 29; GR 306, ¶ 371.
96. The report is said to have subsequently been given PI # 16876 by the Phillips Patent
Department. GR 364, ¶ 29; GR 306, ¶ 371; GR 60-61, ¶ 15.
97. A copy of the form is of record as GX 27. GR 364, ¶ 29; GR 306, ¶ 371; GR 61, ¶ 15.
98. Harold R. Deck testified that he read and signed the form on June 26, 1992. GR 60-61, ¶ 15.
Processing of Case 33136
99. Case Number 33136 was placed on the docket of patent attorney Edward L. Bowman,
Phillips Senior Patent Counsel, for preparation and filing of a patent application on May 22, 1992.
GR 14, ¶ 18.
100. Bowman, drafted and prosecuted the Geerts application that issued as the Geerts involved
patent. GR 12, ¶ 12.
101. Case Number 33136 was ultimately filed as application 08/092,143, on July 14, 1993, and
matured into Geerts’ involved patent. GR 24, ¶ 47.
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