Ex Parte PARIKH et al - Page 5


               Appeal No. 2001-0172                                                                                                   
               Application 08/932,771                                                                                                 

               aromatic monomers and mixtures thereof ” in “a process for preparing addition polymers,                                
               especially homopolymers and copolymers of olefins, diolefins, hindered aliphatic vinyl                                 
               monomers, vinylidene aromatic monomers and mixtures of the foregoing and to the resulting                              
               polymer products” (page 2, lines 7-9 and 40-42; emphasis supplied).  In this respect, Stevens                          
               ‘815 states that                                                                                                       
                    “[a]ddition polymerizable monomers” include for example ethylenically unsaturated                                 
                    monomers, acetylenic compounds, conjugated or nonconjugated dienes, polyenes,                                     
                    carbon monoxide, etc. Preferred monomers include the C2-10 α-olefins especially                                   
                    ethylene, propylene, isobutylene, 1-butene, 1-hexene, 4-methyl-1-pentene, and 1-                                  
                    octene. Other preferred monomers include styrene, halo- or alkyl substituted styrene,                             
                    vinyl chloride, acrylonitrile, methyl acrylate, methylmethacrylate, tetrafluoroethylene,                          
                    methacrylonitrile, vinylidene chloride, vinylbenzocyclobutane, and 1,4-hexadiene.                                 
                    [Page 5, lines 46-51.]                                                                                            
                       The reference discloses that “[t]he polymerization is usually conducted according to                           
               known techniques for Ziegler-Natta or Kaminsky-Sinn type polymerizations,” wherein “[a]                                
               catalytically effective amount of the present catalyst and cocatalyst are any amounts that                             
               successfully result in the formation of polymer. Such amounts may be readily determined by the                         
               routine experimentation by the skilled artisan” (page 8, lines 46-47 and 55-58).  Stevens ‘815                         
               further discloses that “[p]referred polymers additionally demonstrate properties of homogeneous                        
               polymers as defined in USP 3,645,992, ie. [sic] ethylene copolymers having substantially random                        
               comonomer distribution within a given molecule and substantially the same ethylene/comonomer                           
               ratio between molecules” (page 12, lines 42-44).  The polymers and interpolymers can be                                
               characterized by their melt index (I2) as determined by ASTM 1238 (pages 9, 12 and 20).                                
                       Stevens ‘815 exemplifies the homopolymerization of ethylene (e.g., Examples 3 and 7)                           
               and the copolymerization and terpolymerization of ethylene with a variety of comonomers,                               
               including α-olefins, using titanium and zirconium CG catalyst compositions, wherein the                                
               polymers have a melt index of <0.1 and above.  See, e.g., Examples 1-7, 11-57, 59, 62, 63, 67,                         
               68, 69, 71, 76, 80, 82, 84, 87, 89, 100, 102, 104, 105 and 106.  The same polymerization                               
               procedures used in Examples 11-32, which employs titanium CG catalyst compositions, are                                
               followed in Examples 33-42, except that zirconium CG catalyst compositions are used and result                         
               in interpolymers having different melt indexes.  The same polymerization procedures used in                            
               Example 80, which employs a titanium CG catalyst composition, are followed in Examples 33-                             

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