Appeal No. 2001-0172
Application 08/932,771
reference. Accordingly, homogeneous interpolymers are those in which the
comonomer is randomly distributed within a given interpolymer molecule and wherein
substantially all of the interpolymer molecules have the same ethylene/comonomer
ratio within that interpolymer, whereas heterogeneous interpolymers are those in
which the interpolymer molecules do not have the same ethylene/comonomer ratio.
. . . .
The homogeneous polymers used to make the novel polymer products of the
present invention can be ethylene homopolymers or, preferably, interpolymers of
ethylene with at least one C3-C20 α-olefins and/or C4-C18 diolefins. The homogeneous
interpolymers of the present invention can also be interpolymers of ethylene with at
least one of he above C3-C20 α-olefins and/or diolefins. The term “interpolymer” is
used herein to indicate a copolymer, or a terpolymer, or the like. That is, at least one
other comonomer is polymerized with ethylene to make the interpolymer. . . . .
[Specification, pages 4-5.]
In giving the claim terms and phrases the broadest reasonable interpretation consistent
with this written description in the specification, see generally, Morris, supra; Zletz, supra; In re
Priest, 582 F.2d 33, 37, 199 USPQ 11, 15 (CCPA 1978); In re Prater, 415 F.2d 1393, 1404-05,
162 USPQ 541, 550-51 (CCPA 1969), we determine that “an ethylene polymer product” and “an
ethylene/α-olefin terpolymer product” and the “homogeneous ethylene/alpha-olefin
interpolymer” and the “terpolymer” from which they are prepared encompasses a broad range of
interpolymers wherein the comonomer is randomly distributed and substantially all of the
interpolymer molecules have the same ethylene/comonomer ratio, and the “product” and the
individual interpolymers have the physical characteristics specified in appealed claims 1 and 21.
The products specified in appealed claims 1 and 21 are blends in which the at least two
specified interpolymers making up the product can be combined by mere “combining,” that is,
blending or mixing, in the specified amounts after polymerization in separate reactors in claim 1.
In similar manner, the language “recovering a mixture” in claim 21 encompasses blending or
mixing any amount of each of the polymers after polymerization in separate reactors, such as
parallel reactors. The transitional term “comprising” in the preamble and with respect to the CG
catalyst compositions in each of appealed claims 1 and 21, open the claims to include processes
which contain other steps, materials and process conditions in making the specified “product”
and the individual interpolymers, including catalyst compositions which include other
components, including other types of catalysts than the CG catalyst defined in the claims. See In
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